Is Plaumann an inherent and immutable feature of the EU system of judicial protection?

The intervention examined whether the restrictive standing test developed in Plaumann should be regarded as an inherent and immutable feature of the EU system of judicial protection. The broader system of private enforcement under the ECSC Treaty shows that alternative models of access to supranational judicial review were possible and historically existed within the early Community legal order. Against this background, Plaumann appears less as a constitutional necessity than as the outcome of a specific interpretative choice under the EEC Treaty, later embedded in the architecture of EU judicial protection, which could, in principle, be reconsidered in the Court's future rulings.