Traduction de «translation of recours en légalité » (Français → Anglais) :

action brought before an administrative court [ full review of the merits of a decision ]

More specifically, in the case of the decision-making agencies, compliance with the general legality principle includes the requirement to provide for appeal by interested third parties to the Court of First Instance or, in the future, to a specialised tribunal, to request the annulment of decisions taken by the agency - possibly reviewed by the internal boards of appeal - in respect of those third parties, or for a declaration of failure to act, in the event of unjustified absence of a decision.

Moreover, the argument that, if the position in question has already been filled when the action is brought, an unsuccessful candidate’s application for annulment of the decision rejecting his application will be admissible only if he also seeks annulment of the decision to appoint another candidate to that position would have the effect of introducing a condition for the admissibility of actions concerning the legality of acts adversely affecting officials brought under Article 90(2) of the Staff Regulations which is not laid down in ...[+++] those regulations: there is no requirement under Article 91 of the Staff Regulations (which relates to actions brought by officials before the Courts of the European Union against acts adversely affecting them) or indeed in any other legislation, that, in order for his action to be admissible, a candidate who has been unsuccessful in a selection procedure must necessarily direct that action against both the decision rejecting his application and the corresponding decision to appoint another candidate.

Is the paying agency of the individual Member State bound by the entry made by the official veterinarian at the exit point in accordance with Article 2(3) of Commission Regulation (EU) No 817/2010 of 16 September 2010 laying down detailed rules pursuant to Council Regulation (EC) No 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport (2), with the result that the lawfulness of a refusal to make the entry is reviewable only by the authority accountable for the actions of the border veterinarian, or is the entry made by the official veterinarian nothing more th ...[+++]an a mere procedural act by the authority which may be contested only in tandem with the appeals that lie against the paying agency’s substantive decisions?

In the event that evidence is obtained in breach of Articles 7, 8, 41 and 48 of the Charter, in conjunction with Article 47 of the Charter, does national legislation under which the challenging in judicial proceedings of the procedural legality of decisions given in tax matters can only succeed and result in the setting aside of the decision if, according to the circumstances of the case, there is the possibility in practice that the contested decision would have been different ...[+++] if the procedural error had not occurred and if, moreover, that defect affected the substantive legal position of the applicant, or do the procedural errors made in that way have to be taken into account in a wider context, regardless of the influence the procedural error which infringes the Charter has on the outcome of the proceedings?