Order of the General Court (Fifth Chamber) of 11 December 2023

1. Action for annulmentTime limitsMandatoryExamination by the EU judicature of its own motion

(Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 60)

(see paragraph 19)

2. Action for annulmentActionable measuresActs intended to have legal effectsConcept

(Art. 263 TFEU)

(see paragraph 24)

3. Action for annulmentJurisdiction of the EU judicatureClaim for a declaratory judgmentInadmissibility

(Art. 263 TFEU)

(see paragraph 27)

4. Action for annulmentInterest in bringing proceedingsAction brought by an applicant who is not an addressee of the contested actAdmissibilityConditionMeasure producing binding legal effects vis-à-vis the applicantCommission decision granting a conditional marketing authorisation for a COVID-19 vaccineMeasure not bringing about a change in the applicant’s legal positionNo interest in bringing proceedings

(Art. 263, fourth para., TFEU)

(see paragraphs 31-35, 40, 41)

5. Action for annulmentNatural or legal personsActs that are of direct and individual concern to themDirect concernCriteriaCommission decision granting a conditional marketing authorisation for a COVID-19 vaccineApplicant not directly affected

(Art. 263, fourth para., TFEU)

(see paragraphs 43-48)

6. Action for annulmentNatural or legal personsActs that are of direct and individual concern to themCommission decision granting a conditional marketing authorisation for a COVID-19 vaccineAction brought by individuals relying on a violation of fundamental rightsNot individually concerned

(Art. 263, fourth para., TFEU)

(see paragraphs 49-53)

7. Action for annulmentNatural or legal personsConcept of regulatory act within the meaning of the fourth paragraph of Article 263 TFEUAny act of general application other than legislative actsCommission decision granting a conditional marketing authorisation for a COVID-19 vaccineNot included

(Art. 263, fourth para., TFEU)

(see paragraphs 54-56)

8. Fundamental rightsRight to effective judicial protectionReview of legality of EU measuresProceduresProtection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure

(Arts 263, 267 and 277 TFEU)

(see paragraphs 58, 59)

9. Action for annulmentNatural or legal personsInterest in bringing proceedingsConditionsReading in the light of the fundamental right to effective judicial protectionCommission decision granting a conditional marketing authorisation for a COVID-19 vaccineRefusal of the national courts to raise the question of the validity of that decision in preliminary ruling proceedingsNo bearing on the need to establish standing to bring proceedings

(Art. 263, fourth para., TFEU)

(see paragraphs 61, 62)

Operative part

1. The action is dismissed as inadmissible.

2. There is no longer any need to rule on the application to intervene submitted by the European Parliament.

3. UY shall bear his own costs and pay those incurred by the European Commission.

4. The Parliament shall bear its own costs.