Appeals before the Court of Justice
Appeals before the Court of Justice against General Court judgments
If the Commission is unsuccessful before the General Court (for instance, the General Court annuls a decision, or considers that the Commission failed to act in a given case, or finds that the Commission is liable for the harm suffered by an undertaking), the Commission must decide whether to appeal or not that judgment.
More about Appeals before the Court of Justice
As explained above [see point (28)], the appeal will normally have to be lodged 2 _ to 3 months after the date of the judgment (the exact deadline for appeal can be checked with LS). A decision to appeal or not should therefore be taken as quickly as possible, in order to leave sufficient time for the drafting of the appeal itself.
More about the Subject
The decision to appeal is adopted by the College. It should not be confused with the appeal itself. The decision is the necessary preliminary step, by which the Commission accepts the principle of an appeal. The appeal itself is the written application sent by the LS (on behalf of the Commission) to the Court of Justice, which contains a full description of the Commission's arguments and grounds of appeal to the Court.
- Information about Appeals before the Court of Justice in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)
- Information about Appeals before the Court of Justice in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)