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Case C-284/21 P Commission v Braesch and Others · Annotation by Philipp Werner and Théodore Plat

Annotation on the Judgment of the Court of Justice of the European Union (Grand Chamber) of 31 January 2023 in Case C-284/21 P Commission v Braesch and Others

Philipp Werner, Théodore Plat

DOI https://doi.org/10.21552/estal/2024/1/9

Keywords: Action for annulment, Locus standi, interested parties, Preliminary examination stage.


The judgment Commission v Braesch relates to the standing of third parties to bring an action for annulment against a Commission decision in the preliminary examination stage. The Court provides important clarifications on the scope of this type of decision and on the concept of “interested parties”, especially with regard to commitments given by a Member State during the notification phase.

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