69-780: The General Court , informally known as the European General Court (EGC) , is a constituent court of the Court of Justice of the European Union . It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice . Decisions of the General Court can be appealed to the Court of Justice, but only on
138-573: A preliminary ruling and appeals against decisions of the General Court . Under Article 258 (ex Article 226) of the Treaty on the Functioning of the European Union , the Court of Justice may determine whether a Member State has fulfilled its obligations under Union law. That action may be brought by the commission – as is practically always the case – or by another Member State, although
207-526: A "renewable 6-year term, jointly by national governments". The CJEU's specific mission is to ensure that "the law is observed" "in the interpretation and application" of the Treaties of the European Union . To achieve this, it: The composition and functioning of the courts are regulated by the Rules of Procedure. The CJEU was originally established in 1951 as a single court called the Court of Justice of
276-654: A Dutch transport firm brought a complaint against Dutch customs for increasing the duty on a product imported from Germany. The court ruled that the Community constitutes a new legal order, the subjects of which consist of not only the Member States but also their nationals. Consequently Community law may, if appropriately framed, confer rights on individuals which national courts are bound to protect. The principle of direct effect would have had little impact if Union law did not supersede national law. Without supremacy
345-413: A Union institution, that is a party to certain proceedings, so requests, or in particularly complex or important cases. The court acts as a collegial body: decisions are those of the court rather than of individual judges; no minority opinions are given and indeed the existence of a majority decision rather than unanimity is never suggested. It is the responsibility of the Court of Justice to ensure that
414-595: A dictum which summarises the decision which the Court has made and may direct how costs are to be managed. In the ECJ's 2009 report it was noted that Belgian, German and Italian judges made the most referrals for an interpretation of EU law to the ECJ. However, the German Constitutional Court has rarely turned to the European Court of Justice, which is why lawyers and law professors warn about
483-405: A future judicial conflict between the two courts. On 7 February 2014, the German Constitutional Court referred its first case to the ECJ for a ruling on a European Central Bank program. In 2017 the German Constitutional Court referred its second case to the ECJ but contrary to the binding nature of the Court of Justice's preliminary rulings, the German Constitutional Court in 2020 refused to abide by
552-498: A legal solution to the case before the judges deliberate and deliver their judgment. The intention behind having Advocates General attached is to provide independent and impartial opinions concerning the Court's cases. Unlike the Court's judgments, the written opinions of the Advocates General are the works of a single author and are consequently generally more readable and deal with the legal issues more comprehensively than
621-414: A member state or a national of a member state the applicant must choose an official language of that member state, unless the parties agree otherwise. However, the working language of the court is the language of the case being heard with French being the common language for discussion, and it is in this language that the judges deliberate, pleadings and written legal submissions are translated and in which
690-563: A particular outcome if that was the opinion of the Advocate General. As of 2003, Advocates General are only required to give an opinion if the Court considers the case raises a new point of law. According to Article 255 TFEU the judges and advocates-general are appointed by common accord of the governments of the Member States after consultation of a panel responsible for assessing candidates’ suitability. The Registrar
759-555: A point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance . The General Court hears disputes (such as those by persons who have been refused a trade mark by EUIPO , the EU Trade Mark and designs registry). The creation of the General Court instituted a judicial system based on two levels of jurisdiction : all cases heard at first instance by
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#1732776673600828-584: A problem of the same nature is raised. Although such a reference may be made only by a national court, which alone has the power to decide that it is appropriate do so, all the parties involved – that is to say, the Member States, the parties in the proceedings before national courts and, in particular, the commission – may take part in proceedings before the Court of Justice. In this way, a number of important principles of Union law have been laid down in preliminary rulings, sometimes in answer to questions referred by national courts of first instance. Rulings end with
897-399: A question to the European Court of Justice. These are the first references by each constitutional court: Procedure before the ECJ is determined by its own rules of procedure. As a rule the Court's procedure includes a written phase and an oral phase. The proceedings are conducted in one of the official languages of the European Union chosen by the applicant, although where the defendant is
966-616: A register initialled by the President. They are Guardian of the Seals and responsible for the Court's archives and publications. The Registrar is responsible for the administration of the Court, its financial management and its accounts. The operation of the Court is in the hands of officials and other servants who are responsible to the Registrar under the authority of the President. The Court administers its own infrastructure; this includes
1035-649: A tie. One judge was appointed from each member state and the seventh seat rotated between the "large Member States" (West Germany, France and Italy). It became an institution of two additional Communities in 1957 when the European Economic Community (EEC), and the European Atomic Energy Community (Euratom) were created, sharing the same courts with the European Coal and Steel Community. The Maastricht Treaty
1104-422: A written phase and an oral phase. The proceedings are conducted in a language at the petitioner's choosing. As in the European Court of Justice , the working language of the Court is nevertheless French, and this includes the language the judges deliberate in and the drafting language of preliminary reports and judgments. The Court is separated into 9 divisions (called ‘chambers’) sat by 3-judge benches, except for
1173-465: Is based in Luxembourg . It is composed of one judge per member state – currently 27 – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law , but not national law. It is not possible to appeal against the decisions of national courts in
1242-412: Is elected for a term of three years in the case of the five-judge chambers or one year in the case of three-judge chambers. The Court is required to sit in full court in exceptional cases provided for in the treaties. The court may also decide to sit in full, if the issues raised are considered to be of exceptional importance. Sitting as a Grand Chamber is more common and can happen when a Member State or
1311-573: Is the Court's chief administrator. They manage departments under the authority of the Court's president. The Court may also appoint one or more Assistant Registrars. They help the Court, the Chambers, the President and the Judges in all their official functions. They are responsible for the Registry as well as for the receipt, transmission and custody of documents and pleadings that have been entered in
1380-549: Is the doctrines of direct effect and supremacy that allow the European legal system to forgo any use of retaliatory enforcement mechanisms by the Member States. Links between the direct effect doctrine and the suppression of inter-state retaliation between the EU member states can be found in many of the landmark early decisions of the European Court of Justice, and in the writings of the influential French judge, Robert Lecourt , perhaps
1449-718: The Civil Service Tribunal . It has a sui generis court system, meaning 'of its own kind', and is a supranational institution. The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation of European Union law , in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights have been infringed. The CJEU consists of two major courts: Judges and advocate generals are appointed for
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#17327766736001518-541: The Court of Justice ( French : Cour de Justice ), is the supreme court of the European Union in matters of European Union law . As a part of the Court of Justice of the European Union , it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and
1587-666: The European Council at Edinburgh in 1992. However, there was no reference to future bodies being in Luxembourg City. In reaction to this, the Luxembourg government issued its own declaration stating it did not surrender those provisions agreed upon in 1965. The Edinburgh decision was attached to the Amsterdam Treaty . With the Treaty of Nice Luxembourg attached a declaration stating it did not claim
1656-414: The Treaty on the Functioning of the European Union . A reference for a preliminary ruling may also seek review of the legality of an act of Union law. The Court of Justice's reply is not merely an opinion, but takes the form of a judgment or a reasoned order. The national court to which that is addressed is bound by the interpretation given. The Court's judgment also binds other national courts before which
1725-437: The 7th division whose bench is sat by 4 judges. Each chamber has an extended composition of 5 judges. Cases are assigned by the President of the Court to a relevant divisional presiding judge. The presiding judge assigned to the case then chooses a judge-reporter ( judge-rapporteur ) from the judges of the division, whose clerks write a preliminary report ( rapport préalable ) based on the parties' pleadings and applicable law. At
1794-646: The Council adopted a decision establishing the European Union Civil Service Tribunal . This new specialised tribunal, composed of seven judges, heard and determined at first instance disputes involving the European Civil Service . Its decisions were subject to a right of appeal before the General Court on points of law only. Decisions given by the General Court in this area might exceptionally be subject to review by
1863-639: The Court of Justice finds that the Member State concerned has not complied with its judgment, it may, upon the request of the commission, impose on the Member State a fixed or a periodic financial penalty under Article 260 of the TFEU. By an action for annulment under Article 263 (ex Article 230) of the Treaty on the Functioning of the European Union , the applicant seeks the annulment of a measure (regulation, directive, decision or any measure with legal effects) adopted by an institution, body, office or agency of
1932-611: The Court of Justice or the General Court is that which appears in the language of the case. All the EU's judicial bodies are based in the Kirchberg quarter of Luxembourg City , Luxembourg . The Court of Justice is seated in the Palais de la Cour de Justice . Luxembourg City was chosen as the provisional seat of the Court on 23 July 1952 with the establishment of the European Coal and Steel Community . Its first hearing there
2001-424: The Court of Justice. The European Union Civil Service Tribunal was duly constituted into law on 2 December 2005. Despite the success in its mandate, it was dissolved on 1 September 2016, leading to the doubling of the number of judges at the General Court. Since February 2020 the General Court is composed of 54 Judges; this follows a 2016 reform which increased the number of judges to two per member state by 2019, and
2070-412: The Court, which is limited to the particular matters at hand. The opinions of the Advocates General are advisory and do not bind the Court, but they are nonetheless very influential and are followed in the majority of cases. In a 2016 study, Arrebola and Mauricio measured the influence of the Advocate General on the judgments of the Court, showing that the Court is approximately 67% more likely to deliver
2139-468: The ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpretation to the facts of any given case, although only courts of final appeal are bound to refer a question of EU law when one is addressed. The treaties give the ECJ the power for consistent application of EU law across the EU as a whole. The court also acts as an administrative and constitutional court between
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2208-532: The EU. The Court of Justice has exclusive jurisdiction over actions brought by a Member State against the European Parliament and/or against the council (apart from Council measures in respect of State aid, dumping and implementing powers) or brought by one Union institution against another. The General Court has jurisdiction, at first instance, in all other actions of this type and particularly in actions brought by individuals. The Court of Justice has
2277-686: The European Coal and Steel Communities. With the Euratom and the European Economic Community in 1957 its name changed to the Court of Justice of the European Communities ( CJEC ). In 1988 the Court requested the Commission to create a Court of First Instance and in 2004 it added the Civil Service Tribunal. The Civil Service Tribunal are for issues of public employment. The Treaty of Lisbon in 2009 renamed
2346-501: The European Union The Court of Justice of the European Union ( CJEU ) ( French : Cour de justice de l'Union européenne or " CJUE "; Latin : Curia ) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City , Luxembourg , this EU institution consists of two separate courts: the Court of Justice and the General Court . From 2005 to 2016, it also contained
2415-453: The General Court has jurisdiction to hear and determine at first instance all direct actions brought by individuals and the Member States, with the exception of those to be assigned to a 'judicial panel' and those reserved for the Court of Justice. (against acts of the Union institutions) (against inaction by the Union institutions) (for the reparation of damage caused by unlawful conduct on
2484-402: The General Court may be subject to a right of appeal to the Court of Justice on points of law only. In view of the increasing number of cases brought before the General Court in the last five years, to relieve it of some of the caseload, the Treaty of Nice , which entered into force on 1 February 2003, provides for the creation of 'judicial panels' in certain specific areas. On 2 November 2004
2553-401: The Member States could simply ignore EU rules. In Costa v ENEL (1964), the court ruled that member states had definitively transferred sovereign rights to the Community and Union law could not be overridden by domestic law. Another early landmark case was Commission v Luxembourg and Belgium (1964), the "Dairy Products" case. In that decision the Court comprehensively ruled out any use by
2622-507: The Member States of the retaliatory measures commonly permitted by general international law within the European Economic Community. That decision is often thought to be the best example of the European legal order's divergence with ordinary international law. Commission v Luxembourg and Belgium also has a logical connection with the nearly contemporaneous Van Gend en Loos and Costa v ENEL decisions, as arguably it
2691-487: The President of the Court of Justice, the Vice-President is elected by the members of the Court for a term of three years. The judges are assisted by eleven Advocates General , whose number may be increased by the Council if the Court so requests. The Advocates General are responsible for presenting a legal opinion on the cases assigned to them. They can question the parties involved and then give their opinion on
2760-456: The Statute of the Court of Justice in 2012. The duty of the Vice-President is to assist the President in the performance of his duties and to take the President's place when the latter is prevented from attending or when the office of President is vacant. In 2012, judge Koen Lenaerts from Belgium became the first judge to carry out the duties of the Vice-President of the Court of Justice. Like
2829-477: The Translation Directorate, which, as of 2012 employed 44.7% of the staff of the institution. The Court can sit in plenary session, as a Grand Chamber of fifteen judges (including the president and vice-president), or in chambers of three or five judges. Plenary sittings are now very rare, and the court mostly sits in chambers of three or five judges. Each chamber elects its own president who
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2898-428: The Union for damage to citizens and to undertakings caused by its institutions or servants in the performance of their duties. Under Article 256 (ex Article 225) of the Treaty on the Functioning of the European Union , appeals on judgments given by the General Court may be heard by the Court of Justice only if the appeal is on a point of law. If the appeal is admissible and well founded, the Court of Justice sets aside
2967-472: The administrative implementation of Union law, for which the authorities of the Member States are essentially responsible; many provisions of the Treaties and of secondary legislation – regulations, directives and decisions – directly confer individual rights on nationals of Member States, which national courts must uphold. National courts are thus by their nature the first guarantors of Union law . To ensure
3036-484: The cases of the latter kind remain extremely rare. Only six interstate cases have been decided by the court: The commencement of proceedings before the Court of Justice is preceded by a preliminary procedure conducted by the commission, which gives the Member State the opportunity to reply to the complaints against it. The court has decided that if the European Commission does not send the formal letter to
3105-527: The close of the written phase and, as the case may be, on adoption of measures of inquiry, the case is argued orally in open court. The proceedings are interpreted simultaneously, if necessary, into various official languages of the European Union. The judges then deliberate based on a draft judgment prepared by the judge-reporter. The Court's final judgment is handed down in open court. 49°37′16″N 6°08′35″E / 49.6210°N 6.1431°E / 49.6210; 6.1431 Court of Justice of
3174-602: The court system to the "Court of Justice of the European Union" and renamed the CJEC to the "Court of Justice". The working language of the Court of Justice of the European Union is French . The Court of Justice of the European Union embraces the substantive equality interpretation of the European Union anti-discrimination law. 49°37′12″N 6°08′22″E / 49.62000°N 6.13944°E / 49.62000; 6.13944 European Court of Justice The European Court of Justice ( ECJ ), formally just
3243-487: The departure of the UK from the EU at the end of January 2020. The Judges are appointed for a renewable term of six years by common accord of the governments of the Member States. As of February 2020, there are 49 Judges in post: 23 member states have nominated both their judges, whilst Latvia, Poland, and Slovakia have nominated just one, and Slovenia has nominated neither. The members of the General Court elect their president and
3312-506: The effective and uniform application of Union legislation and to prevent divergent interpretations, national courts may, and sometimes must, turn to the Court of Justice and ask that it clarify a point concerning the interpretation of Union law, in order, for example, to ascertain whether their national legislation complies with that law. Petitions to the Court of Justice for a preliminary ruling are described in Article 267 (ex Article 234) of
3381-488: The entrance into force of the Treaty of Lisbon on 1 December 2009, the ECJ's official name was changed from the "Court of Justice of the European Communities" to the "Court of Justice" although in English it is still most common to refer to the Court as the European Court of Justice. The Court of First Instance was renamed as the "General Court", and the term "Court of Justice of the European Union" now officially designates
3450-472: The independent Boards of Appeal of the EU agencies (as provided by Article 58a of the Statute of the Court). References for a preliminary ruling are specific to Union law. Whilst the Court of Justice is, by its very nature, the supreme guardian of Union legality, it is not the only judicial body empowered to apply EU law. That task also falls to national courts, in as much as they retain jurisdiction to review
3519-414: The institution has been called on to act. Where the failure to act is held to be unlawful, it is for the institution concerned to put an end to the failure by appropriate measures. Under Article 268 of the Treaty on the Functioning of the European Union (and with reference to Article 340), the Court of Justice hears claims for compensation based on non-contractual liability , and rules on the liability of
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#17327766736003588-413: The judgment is drafted. The Advocates-General, by contrast, may work and draft their opinions in any official language, as they do not take part in any deliberations. These opinions are then translated into French for the benefit of the judges and their deliberations. However, all documents used in the case are in the language of that case and the only authentic version of the judgment handed down by either
3657-401: The judgment of the General Court. Where the state of the proceedings so permits, the Court may itself decide the case. Otherwise, the Court must refer the case back to the General Court, which is bound by the decision given on appeal. No special procedure applies to allow for an appeal to proceed to the Court of Justice, except for cases which the General Court ruled on appeal against decisions of
3726-459: The law is observed in the interpretation and application of the Treaties of the European Union . To enable it to carry out its duties, the Court has broad jurisdiction to hear various types of action. The Court has competence to, amongst other actions, rule on applications for annulment or actions for failure to act brought by a Member State or an institution; take actions against Member States for failure to fulfil obligations; and hear references for
3795-424: The most important member of the Court between 1962 and 1976. Further, in the 1991 case Francovich v Italy , the ECJ established that Member States could be liable to pay compensation to individuals who suffered a loss by reason of the Member State's failure to transpose an EU directive into national law. In 2008, the former German president Roman Herzog claimed that the ECJ was overstepping its powers. He
3864-552: The office until their successor takes up the duties according to the Article 5(3) of the Protocol No. 3 on the Statute of the Court of Justice of the EU The General Court, like the Court of Justice, has the task of ensuring that the law is observed in the interpretation and application of the Treaties of the European Union and the provisions adopted by the competent Union institutions. To fulfil its main task,
3933-407: The other EU institutions and the Member States and can annul or invalidate unlawful acts of EU institutions, bodies, offices and agencies. The court was established in 1952, by the Treaty of Paris (1951) as part of the European Coal and Steel Community . It was established with seven judges, allowing both representation of each of the six member States and being an odd number of judges in case of
4002-402: The part of a Union institution) (disputes concerning contracts in public or private law entered into by the Union, containing such a clause) Subject-matter of direct actions: all matters, including: The General Court has its own Rules of Procedure. The 1991 rules were replaced by revised Rules of Procedure which came into effect on 1 July 2015. In the main, the Court's procedure includes
4071-424: The power to declare measures void under Article 264 (ex Article 231) of the Treaty on the Functioning of the European Union . Under Article 265 (ex Article 232) of the Treaty on the Functioning of the European Union , the Court of Justice and the General Court may also review the legality of a failure to act on the part of a Union institution, body, office or agency. However, such an action may be brought only after
4140-415: The preliminary ruling. According to the German Constitutional Court, the Court of Justice's answer was unintelligble. In June 2021, the European Commission announced it would start infringement proceedings against Germany for the German Constitutional Court's refusal to abide by the Court of Justice's preliminary ruling. The constitutional courts of the member-states have in general been reluctant to refer
4209-452: The presidents of the Chambers of five Judges from among their number for a renewable period of three years. There are no permanent Advocates General attached to the General Court (unlike the European Court of Justice , which has eleven Advocates General). However, the task of an Advocate General may be performed in a limited number of cases by a Judge nominated to do so. In practice this has been done occasionally. * Judge continues to hold
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#17327766736004278-488: The qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognised competence. In practice, each member state nominates a judge whose nomination is then ratified by all other member states. The President of the Court of Justice is elected from and by the judges for a renewable term of three years. The President presides over hearings and deliberations, directing both judicial business and administration (for example,
4347-647: The seat of the Boards of Appeal of the Office for Harmonisation in the Internal Market – even if it were to become a judicial body. Over time ECJ developed two essential rules on which the legal order rests: direct effect and primacy . The court first ruled on the direct effect of primary legislation in a case that, though technical and tedious, raised a fundamental principle of Union law. In Van Gend en Loos v Nederlandse Administratie der Belastingen (1963),
4416-415: The time table of the Court and Grand Chamber). He also assigns cases to the chambers for examination and appoints judge as rapporteurs called Judge-Rapporteur (reporting judges). The Council may also appoint assistant rapporteurs to assist the President in applications for interim measures and to assist rapporteurs in the performance of their duties. The post of Vice-President was created by amendments to
4485-432: The two courts, as along with its specialised tribunals, taken together. The Court of Justice consists of 27 Judges who are assisted by 11 Advocates-General . The Judges and Advocates-General are appointed by common accord of the governments of the member states and hold office for a renewable term of six years. The treaties require that they are chosen from legal experts whose independence is "beyond doubt" and who possess
4554-406: The violating member state no-one can force them. If that procedure does not result in termination of the failure by the Member State, an action for breach of Union law may be brought before the Court of Justice. If the Court finds that an obligation has not been fulfilled, the Member State concerned must terminate the breach without delay. If, after new proceedings are initiated by the commission,
4623-512: Was held on 28 November 1954 in a building known as Villa Vauban , the seat until 1959 when it would move to the Côte d'Eich building and then to the Palais building in 1972. In 1965, the member states established Luxembourg City as the permanent seat of the Court. Future judicial bodies (Court of First Instance and Civil Service Tribunal) would also be based in the city. The decision was confirmed by
4692-473: Was particularly critical of the court's judgment Mangold v Helm , which over-ruled a German law that would discriminate in favour of older workers. In 2011, the President of the Constitutional Court of Belgium , Marc Bossuyt , said that both the Court of Justice of the European Union and the European Court of Human Rights were taking on more powers by extending their competences, creating
4761-421: Was ratified in 1993, and created the European Union . The name of the Court did not change unlike the other institutions. The power of the Court resided in the Community pillar (the first pillar). The Court gained power in 1997, with the signing of the Amsterdam Treaty . Issues from the third pillar were transferred to the first pillar. Previously, these issues were settled between the member states. Following
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