Judgment_paragraph 41 · Thomas Pringle v Government of Ireland and Others (C-370/12)

41Nonetheless, the point must be made that the recognition of a party’s right to plead the invalidity of an act of the Union presupposes that that party did not have the right to bring, under Article 263 TFEU, a direct action for the annulment of that act (see, to that effect, TWD Textilwerke Deggendorf, paragraph 23; E and F, paragraph 46, and Case C‑494/09 Bolton Alimentari [2011] ECR I‑647, paragraph 22). Were it to be accepted that a party who beyond doubt had standing to institute proceedings under the fourth paragraph of Article 263 TFEU for the annulment of an act of the Union could, after the expiry of the time-limit for bringing proceedings laid down in the sixth paragraph of Article 263 TFEU, challenge before the national courts the validity of that act, that would amount to enabling the person concerned to circumvent the fact that that act is final as against him once the time-limit for his bringing an action has expired (see, to that effect, TWD Textilwerke Deggendorf, paragraphs 18 and 24; E and F, paragraphs 46 and 48, and Bolton Alimentari, paragraphs 22 and 23).