General_Court_of_the_Court_of_Justice_of_the_European_Union

General Court (European Union)

General Court (European Union)

Part of the Court of Justice of the European Union

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 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.

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Competence

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 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 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 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,[2] it was dissolved on 1 September 2016,[3] leading to the doubling of the number of judges at the General Court.[3]

Composition

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 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 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.

List of presidents

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List of vice-presidents

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List of judges

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* Judge continues to hold 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

List of former judges

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List of registrars

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Jurisdiction

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, 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.

Categories of direct actions

  • Actions for annulment

(against acts of the Union institutions)

  • Actions for failure to act

(against inaction by the Union institutions)

  • Actions for damages

(for the reparation of damage caused by unlawful conduct on the part of a Union institution)

  • Actions based on an arbitration clause

(disputes concerning contracts in public or private law entered into by the Union, containing such a clause)

  • Actions concerning the civil service (disputes between the Union and its officials and other servants) – from 2005 to 2016 these cases were transferred to the European Union Civil Service Tribunal, but returned to the General Court when its size was doubled


Subject-matter of direct actions: all matters, including:

  • agriculture
  • State aid
  • competition
  • commercial policy
  • regional policy
  • social policy
  • institutional law
  • trade mark and design right law
  • transport

Procedure

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.[15] In the main, the Court's procedure includes 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.[16]

The Court is separated into 9 divisions (called ‘chambers’) sat by 3-judge benches, except for 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 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.

Notes

  1. Under the terms of the Protocol on Ireland/Northern Ireland, concluded as part of the Brexit withdrawal agreement, the CJEU — and hence the EGC — continues to have jurisdiction over the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid, and may hear applications for preliminary rulings made by Northern Irish courts.[1]

References

  1. [1]
    House of Lords European Union Committee (1 June 2020). 9th Report of Session 2019–21: The Protocol on Ireland/Northern Ireland (Report). House of Lords. p. 65. Archived from the original on 31 January 2021. Retrieved 2 January 2021. The Protocol will also confer full jurisdiction on the CJEU to oversee the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid; including the jurisdiction to hear applications for preliminary rulings submitted by the courts of Northern Ireland. The UK will have the right to participate in these proceedings as if it were a Member State.
  2. [2]
    Butler, Graham (2019). "An Interim Post-Mortem: Specialised Courts in the EU Judicial Architecture after the Civil Service Tribunal". International Organizations Law Review. 16. doi:10.1163/15723747-2019010. S2CID 201398728.
  3. [3]
    "REGULATION (EU, Euratom) 2016/1192 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 2016 on the transfer to the General Court of jurisdiction at first instance in disputes between the European Union and its servants". Official Journal of the European Union. 200/138. 26 July 2016. Retrieved 1 February 2018.
  4. [4]
    "Court of Justice of the European Union: Eleven members appointed".
  5. [5]
    "Member states' representatives appoint 14 judges to the General Court".
  6. [6]
    "EU Court of Justice: nine judges of the General Court appointed". www.consilium.europa.eu. Retrieved 26 December 2021.
  7. [7]
    https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-07/cp210119en.pdf [bare URL PDF]
  8. [8]
    "CURIA – Mandati od leta 1989 – Sodišče Evropske unije". curia.europa.eu. Retrieved 16 January 2020.
  9. [9]
    "CURIA – Former Members". CVRIA. Retrieved 2 May 2010.
  10. [10]
    "CURIA – Former Members". CVRIA. Retrieved 11 October 2012.
  11. [11]
    "EU Court of Justice: three judges and an advocate-general appointed". www.consilium.europa.eu (in Slovenian). Retrieved 17 December 2020.
  12. [12]
    "Meghalt Berke Barna, az Európai Unió Törvényszékének bírája, az Igazságügyi Minisztérium egykori államtitkára". telex (in Hungarian). 2 August 2021. Retrieved 2 August 2021.
  13. [13]
    "Anthony Michael Collins". CURIA. Archived from the original on 1 January 2020. Retrieved 26 December 2021.
  14. [14]
    "CURIA – Presentation of the Members – Court of Justice of the European Union". curia.europa.eu. Archived from the original on 6 December 2021. Retrieved 26 December 2021.
  15. [15]
    General Court of the European Union, New procedural rules adopted by the General Court, Press Release 73/15, published 19 June 2015, accessed 15 November 2022
  16. [16]
    Mattila, Heikki E. S. (2006). Comparative legal linguistics – Heikki E. S. Mattila – Google Boeken. Ashgate Publishing. ISBN 9780754648741. Retrieved 27 January 2012.

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