Tokyo High Court, Judgment for JASRAC Case (2013) (Japan)

Abstract

The Tokyo High Court, Judgment of November 1, 2013 made a unique judgment in regard to standing to sue for a party who is not a direct addressee.2 Under the Japanese Administrative Case Litigation Act Article 9, Section 1, only “a person with legal interest” can bring an administrative lawsuit. The definition of “a person with legal interest” for revocation of a public order is an individual whose legal rights or interests are protected by law and are being infringed or threatened with unavoidable infringement. In addition to this definition, the Court considered not only the text of the law, but also (1) the meaning and purpose of the law and (2) the character and the context of the interests for deciding whether a person other than the addressee has an interest protected by law. The Court ruled that a party who is not a direct addressee had standing to sue if they are likely and unavoidably to be directly damaged because of the infringement of fair and free competition in the market, and if the damage would be substantial.