Luxembourg, 06/05/2002 (Agence Europe) - In a press release, the Court of First Instance says it is aware of the need to ensure effective protection of the legal rights of European citizens and businesses and redefines the rules governing individual access to the Community courts. The concept of individual concern should no longer be interpreted in a way that limits the right of individuals to challenge Community regulations to exceptional cases, it argues. The Court outlines a new definition - a person is to be regarded as individually concerned by a Community measure of general application that concerns him directly, if the measure in question affects his legal position, in a manner which is both definite and immediate, by restricting his rights or by imposing obligations on him.
The French fishing company Jégo-Quéré asked the Court to cancel two Commission regulations on the mesh of fishing nets without passing judgement on the substance of the case. The Court decided its appeal could be heard.
The Court of First Instance recognised that under the existing case law of the Community Courts, the applicant's action would have to be dismissed but ruled that this was unsatisfactory in that it prevents many individuals and businesses, in situations similar to that of the applicant, from challenging measures of general application which directly affect their legal position. The Court pointed out that none of the other procedural routes available for challenging Community measures was an adequate substitute but the right of individuals to an effective remedy before a court of law is affirmed by the Charter of Fundamental Rights of the European Union. EUROPE will return to has been described as the Court wielding its powers and also as a publicity stunt.