General Court (European Union) Explained

Court Name:Court of Justice of the European Union
General Court
Established:1989
Jurisdiction:European Union and Northern Ireland
Location:Palais de la Cour de Justice, Kirchberg, Luxembourg City, Luxembourg
Authority:Treaties of the European Union
Positions:54 judges
5 vacant
Chiefjudgetitle:President
Termstart:27 September 2019
Chiefjudgetitle2:Vice-President
Chiefjudgename2: Savvas Papasavvas
Termstart2:27 September 2019
Chiefjudgetitle3:Registrar
Chiefjudgename3: Vittorio Di Bucci
Termstart3:5 June 2023
Division Map:EU on a globe.svg
Division Map Size:200px
Division Map Alt:Map of the European Union and the UK

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.

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

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., 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 José Luís da Cruz Vilaça
18 September 19954 March 1998 Antonio Saggio
4 March 199817 September 2007 Bo Vesterdorf
17 September 200726 September 2019 Marc Jaeger
27 September 2019Incumbent Marc van der Woude

List of vice-presidents

ElectedTerm endedJudge
17 September 201319 September 2016 Heikki Kanninen
20 September 201626 September 2019 Marc van der Woude
27 September 2019Incumbent Savvas Papasavvas

List of judges

Name Country Elected Current term endsOther
Viktor Kreuschitz Austria20132022
Gerhard Hesse Austria20192022
Paul Nihoul Belgium 20162022
Geert De Baere Belgium 20172022
Mariyana Kancheva Bulgaria 20112025[3]
Alexander Kornezov Bulgaria 20162025President of the Tenth Chamber
Vesna Tomljenović Croatia 2013 2025[4] President of the Second Chamber
Tamara Perišin Croatia 2019 2025
Savvas Papasavvas Cyprus20042022Vice-President of the General Court (2019–2022)
Anna Marcoulli Cyprus20162022President of the Sixth Chamber
Petra Škvařilová-Pelzl Czech Republic 20192025
David Petrlík Czech Republic 20212025
Sten Frimodt Nielsen Denmark 20072022
Jesper Svenningsen Denmark 20162022President of the Eighth Chamber
Lauri Madise Estonia 20132022
Iko Nõmm Estonia 2019 2022
Heikki Kanninen Finland 2009 2022President of the First Chamber
Vice-President of the General Court (2013–2016)
Tuula Pynnä Finland 2019 2022
Stéphane Gervasoni France 20132025President of the Fourth Chamber
Laurent Truchot France 20192025Judge (2007–2013)
Johannes Laitenberger Germany 20192025
Gabriele Steinfatt Germany 2019 2025
Dimitris Gratsias Greece 20102022
Constantinos Iliopoulos Greece 20162022
TBA Hungary
Zoltán Csehi Hungary 20162022
Suzanne Kingston Ireland 20212025[5]
Colm Mac Eochaidh Ireland 20172025
Roberto Mastroianni Italy 20192025
Ornella Porchia Italy 20192025
TBA Latvia
Inga Reine Latvia 20162025
Rimvydas Norkus Lithuania 20192025
Virgilijus Valančius Lithuania 20162019*
Luxembourg 19962022President of the General Court (2007–2019)
Dean Spielmann Luxembourg 20162022President of the Fifth Chamber
Eugène Buttigieg Malta 20122025
Ramona Frendo Malta 20192025
Marc van der Woude Netherlands 20102022President of the General Court (2019–2022)
Vice-President of the General Court (2016–2019)
René Barents Netherlands 20162022
Poland 20162022
Nina Półtorak Poland 2016 2016*
Romania 20212022
Mirela Stancu Romania 2019 2022
Ricardo Da Silva Passos Portugal20162022President of the Seventh Chamber
Maria José Costeira Portugal20162022President of the Ninth Chamber
Juraj Schwarcz Slovakia 20092022
TBA Slovakia
Maja Brkan Slovenia 20212025[6]
Damjan Kukovec SloveniaTBA
José Martín y Pérez de Nanclares Spain 20192025
Miguel Sampol Pucurull Spain 20192025
Sweden 2016 2025
Sweden 2016 2025
* 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

Name Country Elected Term ended Ref.
Josef Azizi Austria19 January 199516 September 2013[7]
Koen Lenaerts Belgium25 September 19896 October 2003
Franklin Dehousse Belgium6 October 200319 September 2016
Teodor Tchipev Bulgaria 12 January 200729 June 2010
Irena Pelikánová Czech Republic12 May 200426 September 2019
Jan M. Passer Czech Republic19 September 20166 October 2020[8]
Bo Versterdorf Denmark25 September 198917 September 2007
Küllike Jürimäe Estonia12 May 200423 October 2013
Virpi Tiili Finland 8 January 1995 6 October 2009 [9]
Jacques Biancarelli France25 September 198918 September 1995
André Potocki France18 September 199519 September 2001
Hubert Legal France19 September 200117 September 2007
Heinrich Kirschner Germany25 September 19896 February 1997
Jörg Pirrung Germany11 June 199717 September 2007
Alfred Dittrich Germany17 September 200726 September 2019
Christos G. Yeraris Greece25 September 198918 September 1992
Andreas Kalogerpoulos Greece18 September 199217 September 1998
Michail Vilaras Greece17 September 199825 October 2010
Ottó Czúcz Hungary12 May 200419 September 2016
Barna Berke Hungary19 September 20162 August 2021[10]
Donal Barrington Ireland25 September 198910 January 1996
John Cooke Ireland10 January 199615 September 2008
Kevin O'Higgins Ireland15 September 200816 September 2013
Anthony M. Collins Ireland16 September 2013[11] 7 October 2021[12]
Antonio Saggio Italy25 September 19894 March 1998
Paolo Mengozzi Italy4 March 19983 May 2006
Enzo Moavero Milanesi Italy3 May 200615 November 2011
Guido Berardis Italy17 September 201231 August 2019
Ezio Perillo Italy19 September 201626 September 2019
Ingrida Labucka Latvia12 May 200425 February 2020
Vilenas Vadapalas Lithuania12 May 200416 September 2013
Egidijus Bieliūnas Lithuania16 September 201326 September 2019
Romain Schintgen Luxembourg25 September 198911 July 1996
Ena Cremona Malta 12 May 2004 22 March 2012
Peter George Xuereb Malta6 June 20168 October 2018
Cornelis Paulus Briët Netherlands25 September 198917 September 1998
Arjen Meij Netherlands17 September 199813 September 2010 [13]
Irena Wiszniewska-Bialecka Poland15 May 200419 September 2016
Nina Półtorak Poland13 April 201631 August 2016
José Luis Da Cruz Vilaça Portugal25 September 198918 September 1995
Rui Manuel Gens De Moura Ramos Portugal19 September 199531 March 2003
Maria Eguénia Martins De Nazaré Ribeiro Portugal31 March 200319 September 2016
Romania 12 January 200726 November 2010
Andrei Popescu Romania26 November 201019 September 2016
Octavia Spineanu-Matei Romania19 September 2016 7 October 2021
Daniel Šváby Slovakia 21 May 20046 October 2010
Verica Trstenjak Slovenia7 July 20046 October 2006
Miro Prek Slovenia6 October 200626 September 2019
Rafael Garcia-Valdecasas Y Fernández Spain25 September 198917 September 2007
Santiago Soldevila Fragoso Spain17 September 200716 September 2013
Ignacio Ulloa Rubio Spain16 September 201326 September 2019
Leopoldo Calvo-Sotelo Ibáñez-Martín Spain13 April 201626 September 2019
Pernilla Lindh Sweden18 January 19956 October 2006
Nils Wahl Sweden6 October 200628 November 2012
Carl Wetter Sweden18 March 201319 September 2016
Former Member State
David A. O. Edward United Kingdom25 September 198910 March 1992
Christopher William Bellamy United Kingdom10 March 199215 December 1999
Nicholas James Forwood United Kingdom15 December 19997 October 2015
Ian Stewart Forrester United Kingdom1 October 201531 January 2020

List of registrars

ElectedTerm endedJudge
27 September 19896 October 2005 Hans Jung
6 October 200530 April 2023 Emmanuel Coulon
5 June 2023Incumbent 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.[14] 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.[15]

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 and References

  1. Butler . Graham . An Interim Post-Mortem: Specialised Courts in the EU Judicial Architecture after the Civil Service Tribunal . International Organizations Law Review . 2019 . 16 . 10.1163/15723747-2019010 . 201398728 .
  2. Official Journal of the European Union . 26 July 2016. 200/138. 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. 2018-02-01.
  3. Web site: Court of Justice of the European Union: Eleven members appointed.
  4. Web site: Member states' representatives appoint 14 judges to the General Court.
  5. Web site: EU Court of Justice: nine judges of the General Court appointed . www.consilium.europa.eu . 26 December 2021 . en.
  6. https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-07/cp210119en.pdf
  7. Web site: CURIA – Mandati od leta 1989 – Sodišče Evropske unije. curia.europa.eu. 2020-01-16.
  8. Web site: EU Court of Justice: three judges and an advocate-general appointed. 2020-12-17. www.consilium.europa.eu. sl.
  9. Web site: CURIA – Former Members . CVRIA . 2 May 2010.
  10. Web site: 2021-08-02. Meghalt Berke Barna, az Európai Unió Törvényszékének bírája, az Igazságügyi Minisztérium egykori államtitkára. 2021-08-02. telex. hu.
  11. Web site: Anthony Michael Collins . CURIA . 26 December 2021 . https://web.archive.org/web/20200101035105/https://curia.europa.eu/jcms/jcms/rc4_170642/en/ . 1 January 2020.
  12. Web site: CURIA – Presentation of the Members – Court of Justice of the European Union . curia.europa.eu . 26 December 2021 . https://web.archive.org/web/20211206154429/https://curia.europa.eu/jcms/jcms/Jo2_7026/en/ . 6 December 2021.
  13. Web site: CURIA – Former Members . CVRIA . 11 October 2012.
  14. 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
  15. Book: Comparative legal linguistics – Heikki E. S. Mattila – Google Boeken . 27 January 2012. 9780754648741 . Mattila . Heikki E. S. . 2006 . Ashgate Publishing .