x has infringed a provision of the Treaty ─ [Article 28 (1)]. A State may also seek the Court to determine the legality of any Act, regulation, directive decision or action of another Partner State or of the Community or a Community institution on the ground that it is: - beyond the power of the maker (i.e. ultra vires); - unlawful - infringes the provisions of the Treaty; - infringes a rule of law; or - a misuse or abuse of power ─ [Article 28 (2)]. (2) By the Secretary General of the Community: The Secretary General, after prior submission of the matter to the Council of Ministers, may refer to the Court the matter of a Partner State’s failure to fulfil its obligation under the Treaty; or its infringement of a provision of the Treaty. The Secretary General makes the reference only where the Council of Ministers has itself failed to resolve the matter [Article 29]. (3) By Legal persons --these are companies or societies or similar corporate entities with legal residence in any Partner State. These legal persons can challenge the legality of any Act, regulation, directive, decision or action of a Partner State or an institution of the Community on the grounds that it is unlawful, or it infringes the provisions of the Treaty [Article 30]. (4) By a Natural Person --these comprehend individuals with legal residence in any of the Partner States. They too, like legal persons, can challenge the legality of any Act, regulation, directive, decision or action of a Partner State or an institution of the Community on the grounds that it is unlawful, or it infringes the provisions of the Treaty [Article 30]. They must do so promptly: within two months of the act challenged, or two months from the time they first became aware of the act challenged [Article 30(2)]. 5

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