Court of Justice
of the EU
European judiciary system - EU
law enforcement
EU level
1. The Court of Justice
(ECJ)
2. General Court (formerly
the Court of First
Instance)
3. The Civil Service
Tribunal
National level
1. National Courts (!)
Court of Justice – its main functions
1. Enforcement of the Union law (mostly
against MS) and settlement of disputes
(between MS and the EU or between the
EU institutions)
2. Constitutional review of EU acts
3. Ensuring the uniform interpretation and
application of the EU law
4. It does not:
1. Solve disputes between individuals and states
2. Solve disputes between individuals
3. Review decisions of national courts
The Court of Justice
• Art. 19 TEU: the Court of Justice … It shall
ensure that in the interpretation and
application of the Treaties the law is
observed.
• May act as a civil, constitutional or
administrative court
The composition of the ECJ
• Luxembourg
• 28 J + 9 AG
• 6 yrs term, renewable, no retirement age
• Staggered system of appointment (14/14 and
5/4)
• conditions:
– Independence
– Qualification or recognized competence
• President of the Court
• The Registrar
ECJ – chambers, etc.
• 3 - 5 – 15 - plenary session
• Judge-Rapporteur
Independence of judges
• Oath
• Ban on side jobs
• Full secrecy of deliberations
• No concurring or dissenting judgments
Advocates General
• 9 AG
• Opinion on the case (2nd opinion which is
delivered first  )
• Function?
General Court
• The General Court has jurisdiction to hear actions brought by:
• natural or legal persons against acts of the institutions,
• the Member States against the Commission;
• the Member States against the Council relating to acts adopted in
the field of State aid, ‘dumping' and acts by which it exercises
implementing powers;
• seeking compensation for damage caused by the institutions of
EU;
• based on contracts made by EU which expressly give jurisdiction
to the General Court;
• relating to EU trade marks;
• appeals, limited to points of law, against the decisions of the
European Union Civil Service Tribunal;
• brought against decisions of the Community Plant Variety Office or
of the European Chemicals Agency.
Types of proceedings
• References for preliminary rulings
• Action for failure to fulfill obligations
• Actions for annulment
• Actions for failure to act
Art. 267 SFEU (ex 234 TEC)
• The Court of Justice of the European Union shall have jurisdiction to give
preliminary rulings concerning:
• (a) the interpretation of the Treaties;
• (b) the validity and interpretation of acts of the institutions, bodies, offices or
agencies of the Union;
• Where such a question is raised before any court or tribunal of a Member
State, that court or tribunal may, if it considers that a decision on the
question is necessary to enable it to give judgment, request the Court to
give a ruling thereon.
• Where any such question is raised in a case pending before a court or
tribunal of a Member State against whose decisions there is no judicial
remedy under national law, that court or tribunal shall bring the matter
before the Court.
• If such a question is raised in a case pending before a court or tribunal of a
Member State with regard to a person in custody, the Court of Justice of the
European Union shall act with the minimum of delay.