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.
Description:
Washington International Law Journal, Volume 26, Number 3, June 2017