The Plaumann judgment has profoundly influenced the development of the EU’s judicial system and access to justice, constituting one of the most controversial doctrines in EU case law. This paper aims to return to the origins of the case from a historical-legal perspective, enabling it to deconstruct its main legal components and reconstruct its historical context, based on archival materials from the Court of Justice and the Commission’s Legal Service. The paper explores possible alternative interpretative approaches to the Court’s decision by re-examining the positions of the parties. On the one hand, the analysis confirms that the Plaumann test is not the result of a misunderstanding on the part of the Court, but rather a conscious choice to prioritise the protection of Community institutions over the legal protection of individuals. On the other hand, however, it highlights how, in light of the subsequent development of the Community legal order, the Plaumann test appears anachronistic and based on premises that have, to date, been progressively eroded or largely modified.
The book chapter is written in Italian.