The General Court (French: Tribunal), informally known as the European General Court (abbr. 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 has competence over the following cases.
Actions for annulment brought by individuals
Such actions are brought by individuals against acts of the Union institutions. To be admissible, the act being challenged must either be directly addressed to the person; or be a regulatory act that directly affects that person and needs no further implementing measure to come into effect; or directly and individually concern the legal situation of the person bringing the case.
Actions for annulment brought by EU member states
Such actions are brought by EU member states against acts of the European Commission. Sometimes acts of the Council of the EU can also be targeted, if they concern state aid, trade and anti-dumping issues or other acts where the Council exercises implementing powers.
Actions for failure to act by individuals
These actions can be brought when a EU institution has been asked to act but has failed to do so.
Actions for damages
Actions for the reparation of damage caused by unlawful conduct on the part of a Union institution.
Actions based on an arbitration clause
Disputes concerning contracts in public or private law entered into by the Union, containing such a clause.
Actions concerning the civil service (disputes between the Union and its officials and other servants) – from 2005 to 2016 these cases were transferred to the European Union Civil Service Tribunal, but returned to the General Court when its size was doubled.
References for preliminary rulings
All such cases are initially brought before the Court of Justice, which can then transfer them to the General Court when they concern:
VAT
customs, excise duties or the tariff classification of goods
greenhouse gas emissions trading
passenger compensation
The Court of Justice does not transfer these cases, and instead rules itself, when they involve a decision of principle that may affect the unity or consistency of EU law.
Staff cases
Cases where a member of the staff of an EU institution has a grievance towards its employer. Originally dealt with by the European Union Civil Service Tribunal, the General Court took them over when the Tribunal was dissolved on 1 September 2016.
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. However, due to the high number of appeals lodged, a mechanism is now in place to filter them and allow only a few to reach the Court of Justice.
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[update], 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.
* 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
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. The Court's procedure includes a written phase and an oral phase. The proceedings are conducted in the language chosen by the petitioner. 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.
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
↑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.
References
↑House of Lords European Union Committee (1 June 2020). 9th Report of Session 2019–21: The Protocol on Ireland/Northern Ireland (Report). House of Lords. p.65. Archived from the original on 31 January 2021. Retrieved 2 January 2021. The Protocol will also confer full jurisdiction on the CJEU to oversee 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; including the jurisdiction to hear applications for preliminary rulings submitted by the courts of Northern Ireland. The UK will have the right to participate in these proceedings as if it were a Member State.
