[Blue_moon12]

Regulation 349/2006 E.C. (fictitious) has been passed and establishes a
licensing system for the import of spices from outside the EU. Contained in its provisions is the requirement for any importers of spices to apply to the European Commission for an import licence.

Nicely Spicy is a company registered in the United Kingdom, which has imported and supplied spices to the restaurant trade in the UK for many years. In January 2007, the company applied to the Commission for an import licence, prior to the annual “Good Food” fair in London in July 2007 at which it was intending to have a stall, demonstrating the many uses of spices. Nicely Spicy has been attending the annual fair for many years and has always made a significant percentage of its annual turnover at this event.

Nicely Spicy has had no response to its application.

Spice Magic Ltd., also wishing to put up a stand at the”Good Food” fair, applied for a licence in February 2006. In May 2006, Spice Magic Ltd. received a letter from the Commission refusing them a licence. As a result, both companies have lost the opportunity to make sizeable profits at the convention.

Advise Nicely Spicy, Spice Magic as to their legal rights and any remedies they might have under Community law.

I wanted to ask can spice magic bring an action under article 241- plea of illegality because they've been refused a licence?

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[jacketpotato]

art 241 can only be pleaded in proceedings concerning the Regulation. I don't see any proceedings here.
Spice Magic may be able to challenge under art230/234 (probably has no standing to challenge under art230)
Nicely Spicey may be able to claim a legitimate expectation