Tag: Court system Overview
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Failure to act
Failure to act (article 265 TFEU) ("recours en carence")By such an action, the applicant challenges an EU institution for not having adopted a decision. For DG Competition's activities, this may for instance be the case where a complainant considers that the Commission does no…
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Court Procedure
ProcedureThe procedure before the General Court and the Court of Justice is written and (possibly) oral.ResourcesSee AlsoReferencesInformation about Court Procedure in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Interna…
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Court procedures
Basic elements of EU Court proceduresThe Court procedures are managed by the Legal Service, whose agents represent the Commission. Therefore, the following paragraphs only provide very general information that can be of interest for DG Competition case-teams.ResourcesSee Also</…
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Court procedures Chambers
ChambersAlthough it is legally possible that a judgment is delivered by the full Court (the 27 judges), this has become exceptional in practice. Both the General Court and the Court of Justice generally decide cases in Chambers, composed of a more limited number of judges (frequently 3 or 5…
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Court procedures Language
LanguageThe language of the Court case is the EU official language in which the application before the Court is lodged. The Commission must respond to the application in that language.ResourcesSee AlsoReferencesInformation about Court procedures Language in th…
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Action for annulment
Action for annulment (article 263 TFEU) ("recours en annulation")This is by far the most frequent type of proceedings. In such a case, an applicant is asking the General Court to annul an act of the EU institutions (in general either because of a procedural irregularity or because…
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Appeals
Appeals (article 256 TFEU) ("pourvoi")Judgments of the General Court can in turn be appealed, in whole or in part, to the Court of Justice by the unsuccessful party, before the General Court. The Commission may therefore be the appellant if it has been unsuccessful before the Gene…