General Court (European Union)

Last updated

Court of Justice of the European Union
General Court
Official Emblem of the Court of Justice of the European Union.svg
Established1989
Jurisdiction European Union and Northern Ireland [lower-alpha 1]
Location Palais de la Cour de Justice, Kirchberg, Luxembourg City, Luxembourg
Authorized by Treaties of the European Union
Appeals to European Court of Justice
Number of positions54 judges (2 per member state)
5 vacant
Website curia.europa.eu
President
Currently Flag of the Netherlands.svg Marc van der Woude
Since27 September 2019
Vice-President
Currently Flag of Cyprus.svg Savvas Papasavvas
Since27 September 2019
Registrar
Currently Flag of Italy.svg Vittorio Di Bucci
Since5 June 2023
Division map
EU on a globe.svg

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.

Contents

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

ElectedTerm endedJudge
25 September 198918 September 1995 Flag of Portugal.svg José Luís da Cruz Vilaça
18 September 19954 March 1998 Flag of Italy.svg Antonio Saggio
4 March 199817 September 2007 Flag of Denmark.svg Bo Vesterdorf
17 September 200726 September 2019 Flag of Luxembourg.svg Marc Jaeger
27 September 2019Incumbent Flag of the Netherlands.svg Marc van der Woude

List of vice-presidents

ElectedTerm endedJudge
17 September 201319 September 2016 Flag of Finland.svg Heikki Kanninen
20 September 201626 September 2019 Flag of the Netherlands.svg Marc van der Woude
27 September 2019Incumbent Flag of Cyprus.svg Savvas Papasavvas

List of judges

NameCountryElectedCurrent term endsOther
Viktor Kreuschitz Flag of Austria.svg Austria20132022
Gerhard Hesse Flag of Austria.svg Austria20192022
Paul Nihoul Flag of Belgium (civil).svg Belgium20162022
Geert De Baere Flag of Belgium (civil).svg Belgium20172022
Mariyana Kancheva Flag of Bulgaria.svg Bulgaria20112025 [4]
Alexander Kornezov Flag of Bulgaria.svg Bulgaria20162025 [4] President of the Tenth Chamber
Vesna Tomljenović Flag of Croatia.svg Croatia20132025 [5] President of the Second Chamber
Tamara Perišin Flag of Croatia.svg Croatia20192025 [5]
Savvas Papasavvas Flag of Cyprus.svg Cyprus20042022Vice-President of the General Court (2019–2022)
Anna Marcoulli Flag of Cyprus.svg Cyprus20162022President of the Sixth Chamber
Petra Škvařilová-Pelzl Flag of the Czech Republic.svg Czech Republic20192025
David Petrlík Flag of the Czech Republic.svg Czech Republic20212025
Sten Frimodt Nielsen Flag of Denmark.svg Denmark20072022
Jesper Svenningsen Flag of Denmark.svg Denmark20162022President of the Eighth Chamber
Lauri Madise Flag of Estonia.svg Estonia20132022
Iko Nõmm Flag of Estonia.svg Estonia2019 [5] 2022 [5]
Heikki Kanninen Flag of Finland.svg Finland20092022President of the First Chamber
Vice-President of the General Court (2013–2016)
Tuula Pynnä Flag of Finland.svg Finland2019 [5] 2022 [5]
Stéphane Gervasoni Flag of France.svg France20132025 [4] President of the Fourth Chamber
Laurent Truchot Flag of France.svg France2019 [4] 2025 [4] Judge (2007–2013)
Johannes Laitenberger Flag of Germany.svg Germany20192025
Gabriele Steinfatt Flag of Germany.svg Germany20192025 [5]
Dimitris Gratsias Flag of Greece.svg Greece20102022
Constantinos Iliopoulos Flag of Greece.svg Greece20162022
TBA Flag of Hungary.svg Hungary
Zoltán Csehi Flag of Hungary.svg Hungary20162022
Suzanne Kingston Flag of Ireland.svg Ireland20212025 [6]
Colm Mac Eochaidh Flag of Ireland.svg Ireland20172025 [5]
Roberto Mastroianni Flag of Italy.svg Italy20192025
Ornella Porchia Flag of Italy.svg Italy20192025
TBA Flag of Latvia.svg Latvia
Inga Reine Flag of Latvia.svg Latvia20162025 [4]
Rimvydas Norkus Flag of Lithuania.svg Lithuania20192025
Virgilijus Valančius Flag of Lithuania.svg Lithuania20162019*
Marc Jaeger Flag of Luxembourg.svg Luxembourg19962022President of the General Court (2007–2019)
Dean Spielmann Flag of Luxembourg.svg Luxembourg20162022President of the Fifth Chamber
Eugène Buttigieg Flag of Malta.svg Malta20122025
Ramona Frendo Flag of Malta.svg Malta20192025
Marc van der Woude Flag of the Netherlands.svg Netherlands20102022President of the General Court (2019–2022)
Vice-President of the General Court (2016–2019)
René Barents Flag of the Netherlands.svg Netherlands20162022
Krystyna Kowalik-Bańczyk Flag of Poland.svg Poland20162022
Nina Półtorak Flag of Poland.svg Poland20162016*
Ion Gâlea Flag of Romania.svg Romania20212022
Mirela Stancu Flag of Romania.svg Romania2019 [4] 2022 [4]
Ricardo Da Silva Passos Flag of Portugal.svg Portugal20162022President of the Seventh Chamber
Maria José Costeira Flag of Portugal.svg Portugal20162022President of the Ninth Chamber
Juraj Schwarcz Flag of Slovakia.svg Slovakia20092022
TBA Flag of Slovakia.svg Slovakia
Maja Brkan Flag of Slovenia.svg Slovenia20212025 [7]
Damjan Kukovec Flag of Slovenia.svg SloveniaTBA
José Martín y Pérez de Nanclares Flag of Spain.svg Spain20192025
Miguel Sampol Pucurull Flag of Spain.svg Spain20192025
Ulf Christophe Öberg Flag of Sweden.svg Sweden20162025 [4]
Fredrik Schalin Flag of Sweden.svg Sweden20162025 [4]

* 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

NameCountryElectedTerm endedRef.
Josef Azizi Flag of Austria.svg Austria19 January 199516 September 2013 [8]
Koen Lenaerts Flag of Belgium (civil).svg Belgium25 September 19896 October 2003 [9]
Franklin Dehousse Flag of Belgium (civil).svg Belgium6 October 200319 September 2016 [9]
Teodor Tchipev Flag of Bulgaria.svg Bulgaria12 January 200729 June 2010 [10]
Irena Pelikánová Flag of the Czech Republic.svg Czech Republic12 May 200426 September 2019 [9]
Jan M. Passer Flag of the Czech Republic.svg Czech Republic19 September 20166 October 2020 [11]
Bo Versterdorf Flag of Denmark.svg Denmark25 September 198917 September 2007 [9]
Küllike Jürimäe Flag of Estonia.svg Estonia12 May 200423 October 2013 [9]
Virpi Tiili Flag of Finland.svg Finland8 January 19956 October 2009 [9]
Jacques Biancarelli Flag of France.svg France25 September 198918 September 1995 [9]
André Potocki Flag of France.svg France18 September 199519 September 2001 [9]
Hubert Legal Flag of France.svg France19 September 200117 September 2007 [9]
Heinrich Kirschner Flag of Germany.svg Germany25 September 19896 February 1997 [9]
Jörg Pirrung Flag of Germany.svg Germany11 June 199717 September 2007 [9]
Alfred Dittrich Flag of Germany.svg Germany17 September 200726 September 2019 [9]
Christos G. Yeraris Flag of Greece.svg Greece25 September 198918 September 1992 [9]
Andreas Kalogerpoulos Flag of Greece.svg Greece18 September 199217 September 1998 [9]
Michail Vilaras Flag of Greece.svg Greece17 September 199825 October 2010 [9]
Ottó Czúcz Flag of Hungary.svg Hungary12 May 200419 September 2016 [9]
Barna Berke Flag of Hungary.svg Hungary19 September 20162 August 2021 [12]
Donal Barrington Flag of Ireland.svg Ireland25 September 198910 January 1996 [9]
John Cooke Flag of Ireland.svg Ireland10 January 199615 September 2008 [9]
Kevin O'Higgins Flag of Ireland.svg Ireland15 September 200816 September 2013 [9]
Anthony M. Collins Flag of Ireland.svg Ireland16 September 2013 [13] 7 October 2021 [14]
Antonio Saggio Flag of Italy.svg Italy25 September 19894 March 1998 [9]
Paolo Mengozzi Flag of Italy.svg Italy4 March 19983 May 2006 [9]
Enzo Moavero Milanesi Flag of Italy.svg Italy3 May 200615 November 2011 [9]
Guido Berardis Flag of Italy.svg Italy17 September 201231 August 2019 [9]
Ezio Perillo Flag of Italy.svg Italy19 September 201626 September 2019 [9]
Ingrida Labucka Flag of Latvia.svg Latvia12 May 200425 February 2020
Vilenas Vadapalas Flag of Lithuania.svg Lithuania12 May 200416 September 2013 [9]
Egidijus Bieliūnas Flag of Lithuania.svg Lithuania16 September 201326 September 2019 [9]
Romain Schintgen Flag of Luxembourg.svg Luxembourg25 September 198911 July 1996 [9]
Ena Cremona Flag of Malta.svg Malta12 May 200422 March 2012 [10]
Peter George Xuereb Flag of Malta.svg Malta6 June 20168 October 2018 [9]
Cornelis Paulus Briët Flag of the Netherlands.svg Netherlands25 September 198917 September 1998 [9]
Arjen Meij Flag of the Netherlands.svg Netherlands17 September 199813 September 2010 [10]
Irena Wiszniewska-Bialecka Flag of Poland.svg Poland15 May 200419 September 2016 [8]
Nina Półtorak Flag of Poland.svg Poland13 April 201631 August 2016 [8]
José Luis Da Cruz Vilaça Flag of Portugal.svg Portugal25 September 198918 September 1995 [8]
Rui Manuel Gens De Moura Ramos Flag of Portugal.svg Portugal19 September 199531 March 2003 [8]
Maria Eguénia Martins De Nazaré Ribeiro Flag of Portugal.svg Portugal31 March 200319 September 2016 [8]
Valeriu M. Ciuca Flag of Romania.svg Romania12 January 200726 November 2010 [10]
Andrei Popescu Flag of Romania.svg Romania26 November 201019 September 2016 [8]
Octavia Spineanu-Matei Flag of Romania.svg Romania19 September 20167 October 2021 [10]
Daniel Šváby Flag of Slovakia.svg Slovakia21 May 20046 October 2010 [10]
Verica Trstenjak Flag of Slovenia.svg Slovenia7 July 20046 October 2006 [8]
Miro Prek Flag of Slovenia.svg Slovenia6 October 200626 September 2019 [8]
Rafael Garcia-Valdecasas Y Fernández Flag of Spain.svg Spain25 September 198917 September 2007 [9]
Santiago Soldevila Fragoso Flag of Spain.svg Spain17 September 200716 September 2013 [9]
Ignacio Ulloa Rubio Flag of Spain.svg Spain16 September 201326 September 2019 [9]
Leopoldo Calvo-Sotelo Ibáñez-Martín Flag of Spain.svg Spain13 April 201626 September 2019 [9]
Pernilla Lindh Flag of Sweden.svg Sweden18 January 19956 October 2006 [8]
Nils Wahl Flag of Sweden.svg Sweden6 October 200628 November 2012 [8]
Carl Wetter Flag of Sweden.svg Sweden18 March 201319 September 2016 [8]
Former Member State
David A. O. Edward Flag of the United Kingdom.svg United Kingdom25 September 198910 March 1992 [8]
Christopher William Bellamy Flag of the United Kingdom.svg United Kingdom10 March 199215 December 1999 [8]
Nicholas James Forwood Flag of the United Kingdom.svg United Kingdom15 December 19997 October 2015 [8]
Ian Stewart Forrester Flag of the United Kingdom.svg United Kingdom1 October 201531 January 2020

List of registrars

ElectedTerm endedJudge
27 September 19896 October 2005 Flag of Europe.svg Flag of Germany.svg Hans Jung
6 October 200530 April 2023 Flag of Europe.svg Flag of France.svg Emmanuel Coulon
5 June 2023Incumbent Flag of Europe.svg Flag of Italy.svg Vittorio Di Bucci

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

(against acts of the Union institutions)

(against inaction by the Union institutions)

(for the reparation of damage caused by unlawful conduct on 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:

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]

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