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Individual concern meaning

Published by a LexisNexis EU Law expert
What does Individual concern mean?
In EU judicial review, individual concern describes when a natural or legal person is affected by an EU act in a way that sets them apart from everyone else, so they can seek annulment before the CJEU. The concept is defined by case law, notably the Plaumann test: an applicant is individually concerned if the act affects them by reason of attributes peculiar to them or factual circumstances that differentiate them from all others, in a manner comparable to an addressee. It is a standing (locus standi) requirement for non-privileged applicants under Article 263(4) TFEU, in addition to showing direct concern. In practice, measures of general application rarely give individual concern unless they create a closed, fixed class at the time of adoption or impact vested rights. Since Lisbon, individual concern is not required when challenging a regulatory act of general application that entails no implementing measures, provided direct concern is shown. Usage is consistent across the UK and Ireland as an EU law concept. It is central in Ireland. In domestic UK judicial review, the test is different (sufficient interest/title and interest), and “individual concern” is not used, though UK-based persons may still rely on it in appropriate CJEU proceedings.
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View the related Checklists about Individual concern

CHECKLISTS
Building Safety Act 2022 and HRB Procedures Regulations 2023—Golden Thread for Higher-Risk Buildings: Electronic Facility, Required Documents and Handover Checklist (England)

This Checklist This Checklist outlines the conditions to be satisfied when establishing the designated repository for the golden thread information, and identifies the required suite of documents to be properly held in the digital facility containing and organising that golden thread information, which is to be created and maintained throughout the build programme of a ‘higher-risk’ building and thereafter ultimately transferred in full to the individual acting as the ‘principal accountable person’ (PAP) for the period of occupation of that building. It applies to works comprising the erection of a new higher-risk building (HRB) or works to an existing HRB (for details of the test for determining whether a building is an HRB, see Practice Note: Building Safety Act 2022—what is a higher-risk building?) and, where the works concern an HRB, to ensure full compliance with the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (HRB Procedures Regulations), SI 2023/909, reg 31(1). ...

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NEWS
Opera v Commission at the EU General Court: Admissibility and individual concern in third‑party challenges to DMA non‑designation of Microsoft Edge

A legal challenge brought by Norwegian web browser Opera against the European Commission centres on the regulator’s decision not to subject Microsoft’s Edge browser to the highest tier of obligations provided for by the EU’s law to curb the power of digital gatekeepers. The arguments were heard at the EU General Court this week, where Opera, the commission and Microsoft traded blows over whether Edge ought to have been labelled a 'core platform service' under the Digital Markets Act (DMA) (see here). Yet the eventual judgment, when it arrives, is also expected to illuminate another crucial point for the future of platform regulation: under what circumstances can third parties contest the commission’s DMA designation decisions? That question, which consumed a sizeable portion of the hearing, could prove pivotal for the future of DMA enforcement, given the law grants no formal standing to third parties even though the commission relies heavily on them in its proceedings. (In)admissibility In fact, the point surfaced right at the outset of the hearing,...

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NEWS
EU Guidance on Generative AI for EU Institutions: Compliance Priorities and Risk Controls—Implications for EU AI Act Rollout and the UK’s Principles‑Based Regime

They concern EU government institutions, pursuant to EU Regulation 2018/1725. That Regulation sets the rules for safeguarding personal data within EU government institutions, bodies, offices and agencies, and empowers the supervisor as the institutions’ independent data protection authority. While these guidelines are limited to EU governmental entities, they shed light on how the supervisor may handle generative AI in the future. Given the recently adopted EU Artificial Intelligence Act, due to take effect over the coming years, and the accelerating global shift towards AI regulation, the guidelines hint at what might become the next stage of AI oversight in Europe, the UK, the US and elsewhere. For clarity, generative AI denotes advances in computer deep learning models built to deliver a broad and general spectrum of outputs, able to perform a variety of tasks and uses, such as producing text, images or audio. The most familiar form of generative AI is large language models trained on vast volumes of text data. These systems can create natural language replies to a...

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NEWS
Silver Airways enters US Chapter 11 after ATR transition woes; pursues going-concern sale with minimal recoveries for secured creditors to save 700 jobs

Having emerged in 2011 by picking up the assets of a failed carrier at auction, and later expanding by buying a smaller carrier in a further insolvency sale, Silver Airways filed for Chapter 11 on 30 December 2024. A shift to a new aeroplane manufacturer badly disrupted Silver Airways' business and finances, driving the company to seek investments and loans from its parent and others, according to a first-day declaration by CEO Steven A. Rossum. Silver Airways' largest individual creditor is Versa Capital Management, the private equity fund that has owned it since 2017 and holds a $211m second-lien loan. In 2022 it issued $50m of convertible notes to Brigade Capital Management LP, an amount that swelled to $186m over two years. The terms of the Brigade loan provided that Silver Airways would be penalised with an increase in the loan's principal if it failed to make interest payments in cash, according to a bankruptcy declaration. A further $60m in unsecured debt rounds out the balance sheet in total...

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PRACTICE NOTES
UK corporate tax considerations for pre-sale group reorganisations: asset/share transfers, losses, degrouping, stamp taxes and VAT

Before disposing of a business or trade When planning a disposal, a corporate seller must choose the most suitable deal structure. Commercial drivers should lead, yet securing a tax-efficient outcome will inevitably be a key concern. The initial choice is whether to transfer: the business and its underlying assets (a business sale), or the shares in a subsidiary that holds the business and assets (a share sale) Broadly, sellers tend to prefer a share sale: it offers a straightforward exit and, where the substantial shareholdings exemption (SSE) applies, any gain is exempt from tax. An asset deal is more likely to crystallise tax charges and leaves any pre-completion tax liabilities with the seller. This Practice Note does not address individual sellers or business asset disposal relief (BADR). For more on BADR, see Practice Note: CGT—business asset disposal relief (formerly entrepreneurs' relief)...

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PRACTICE NOTES
Tax information exchange: UK and international mechanisms, scope and limits, confidentiality, rulings and HMRC practice

What is exchange of information? Exchange of information (EOI) among tax authorities has long stood as a key pillar of international co-operation in tax matters. In more recent years, growing levels of public and governmental concern about perceived tax avoidance—at both the individual and the corporate level—have elevated the subject still further, ensuring that EOI has become a centrally important (and arguably more effective) cross-border anti-avoidance measure. There are numerous regimes and instruments pursuant to which authorities such as HMRC exchange information relating to taxpayers with overseas tax authorities, in accordance with those frameworks. The primary focus of this Practice Note is the approach to EOI taken under double tax treaties or conventions (DTTs), although the other principal platforms through which EOI operates are also summarised. In most cases, DTTs contain a specific provision dealing with the exchange of information, and that provision is often based on Article 26 of the Organisation for Economic Co-operation and Development (OECD) Model Tax Convention (MTC)...

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PRACTICE NOTES
FCA UK Listing Rules annual report requirements (UKLR 6.6): scope, content, DTR/Companies Act 2006 interaction, corporate governance, climate (TCFD), publication and prelims

Chapter 9 of the UK Listing Rules (UKLRs) Chapter 9 of the Financial Conduct Authority (FCA) UK Listing Rules (UKLRs) sets out continuing obligations for any company that has a listing of equity shares in the equity shares (commercial companies) category, which the company must comply with to retain its admission to the Official List (terms in bold are defined in the FCA Handbook Glossary). For further detail on companies with a listing of equity shares in the equity shares (commercial companies) category, refer to Practice Note: The UK listing regime for more information. Under UKLR 6.6 R, a company with a listing of equity shares in the equity shares (commercial companies) category must include specified financial disclosures within its annual financial report. The UKLR 6.6 R obligations for both UK and overseas issuers with a listing of equity shares in the equity shares (commercial companies) category are also considered below, together with an overview of the UKLRs relevant to annual financial reports of other listed bodies, and a...

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PRECEDENTS
Deed of Dissolution and Winding Up of Partnership with Going Concern Sale to Third-Party Purchaser, TUPE Transfer, Liability Settlement and Run-off Professional Indemnity Insurance (England and Wales)

This Deed of dissolution is entered into on [ insert date ] Parties Each individual whose name and address appear in Schedule 1 (each a Partner and, collectively, the Partners named therein). Background: The Partners have conducted and managed the Business in partnership in accordance with the terms of the Partnership Agreement. The Partners intend to dissolve and wind up the Partnership [ as contemplated by clause [ insert clause number ] of the Partnership Agreement ] on the basis set out in this deed. AGREED TERMS: 1 Definitions and interpretation 1.1 Except where expressly stated otherwise in this deed, the definitions and rules of interpretation in the Partnership Agreement shall govern...

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PRECEDENTS
High-risk Clients and Matters: Quarterly AML/CTF and Counter-proliferation Financing Review and Action Plan (UK Law Firms)

1 General information Review timeframe [ Insert review period ] Review date [ Insert date ] Individual(s) carrying out the review [ Insert name(s) ] 2 Data Total count of high-risk clients [ Insert number ] Total count of high-risk matters [ Insert number ] Total count of these that pertain to PEPs [ Insert number ] Total count of these that concern false or stolen identification documentation [ Insert number ] Total count of these that involve sanctioned entities [ Insert number ] Total count of these that present a proliferation financing concern [ Insert number ] Total count of these that involve clients who are beneficiaries of life insurance policies where the retainer has a direct link to the policy [ Insert number ] Total count of these that concern clients seeking residence/citizenship rights of a state in exchange for investments in that state [ Insert number ] Total...

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PRECEDENTS
Internal client service complaints reporting and referral form for law firms

A complaint may cover any statement of dissatisfaction regarding the service provided by us. Complaints can arrive in writing (eg letter, email, social media, or online review platforms) or be made verbally, in person or by telephone. If a client, or any individual linked to a matter on which you are working, or for which you are supervisor, raises a concern or complaint, you must notify [ insert name of person responsible for handling complaints ] using this Internal complaint report form. This remains the case even if you consider the issue could/should be managed informally...

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Q&As
Debt Claims PAP case law: issue after PAP breach or wrong protocol

We have been unable to locate any case law on the exact matter raised in your query at this time. Nevertheless, please kindly consider the following further details, which you may find helpful. When the Pre-Action Protocol for Debt Claims (the Protocol) applies The Pre-Action Protocol for Debt Claims (effective from 1 October 2017) is engaged when a business—such as a sole trader or public body—seeks recovery of a debt from an individual, including a sole trader. It is inapplicable to business-to-business debts except where the debtor is a sole trader (Pre-Action Protocol for Debt Claims, para 1.1)...

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