Art 230(173): Direct Concern
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Providing that the individual has managed to show individual concern, he must also be able to how that the act had direct concern to him also.

(following taken from Shaw)

there must be a relationship of cause anfd effect betwx theact and its impact upon the applicant.

If there is any intervening discretion betwx the act and the applicant i.e. MS, then it is v difficult to prove direct concern.

e.g. Alcan v Commn, the decidn was held not to havea direct concern for the plaintiff eventhough the implementation of the quota was entirely upto the Belgian Govt.

in contrast, Bock v Commn, the plaintiff was foud to have direct concern because the German Govt had already disclosed to the plaintiff its intentions once the Commn had given the Govt authorisatn to refuse the request.

CHALLENGES TO DIRECTIVES:

No reason why individuals cannot challenge directives using Art 230 but the likelihood is that they will fail.

Other Notes in this Category

1. Art 230(173): Direct Concern
2. Art 230: Policy Arguments Concerning Standing Of Non-privileged Applicants
3. Art 230: Standing For Non-privileged Applicants In Particular Areas
4. Article 230: a critical analysis of the general standing rules for non-priveleged applicants

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