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)].
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