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The Foundations of European Union Law

The Foundations of European Union Law (8th edn)

Trevor Hartley
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date: 10 December 2022

14. Indirect Challengelocked

14. Indirect Challengelocked

  • T C HartleyT C HartleyProfessor of Law Emeritus at the London School of Economics and Political Science


An indirect challenge to the validity of an act is a challenge made in the course of proceedings not instituted for that purpose. The purpose of an indirect challenge is to require the court to decide the case on the basis that the act in question is invalid. This chapter first discusses the treaty provisions dealing with indirect challenge. It then addresses the following questions: What acts may be challenged? Who may make the challenge? In what proceedings may the challenge be made? On what grounds may the challenge be made? The chapter also considers the effect of a successful challenge and non-existent acts.

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