Private and public law in the case law of the CJEU on direct actions - a critical and unfinished study
Abstract
This article describes some problems EU judges face when dealing with the comparatively little-known branch of jurisprudence concerning contract law as set down in Article 272 TFEU. The main problem is whether or not the Commission has competence to adopt an administrative decision in the frame of contractual relations (Lito Maieftiko, ADR Center). Another question touched upon is the Court's competence to decide on applications relating to Article 263 TFEU, specifically concerning contractual relations, the question of admissibility of the application and admissibility of arguments. One part of the article focuses on contractual responsibility.
The author finds some contradictions in the jurisprudence of the General Court, when it does not wish to follow a Court of Justice decision, or some solutions which are insufficiently reasoned. She also finds some surprisingly imperfect Opinions of General Advocates which have forced the Court make corrections.