Court of First Instance
Encyclopedia
The General Court is a jurisdictional instance of the Court of Justice of the European Union
. From its inception on 1 January 1989 to 30 November 2009, it was known as the Court of First Instance (CFI).
by OHIM
, the EU Trade Mark and designs registry). Appeals are sent to the European Court of Justice
. The General Court is an independent Court attached to the European Court of Justice
.
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, in order to relieve it of some of the caseload, the Treaty of Nice
, which entered into force on February 1, 2003, provides for the creation of ‘judicial panels’ in certain specific areas.
On November 2, 2004 the Council adopted a decision establishing the European Union Civil Service Tribunal
. This new specialised tribunal, composed of seven judges, will hear and determine at first instance disputes involving the European Civil Service
. Its decisions will be subject to a right of appeal before the General Court on points of law only. Decisions given by the General Court in this area may exceptionally be subject to review by the Court of Justice. The European Union Civil Service Tribunal was duly constituted into law on December 2, 2005.
The creation of a European Union Patent Tribunal is currently being examined.
s, at least one from each Member State, plus a registrar. The Judges are appointed for a renewable term of six years by common accord of the governments of the Member States.
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 8 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 only very occasionally.
and the provisions adopted by the competent Union institutions.
In order 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.
(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)
(disputes between the Union and its officials and other servants)
Subject-matter of direct actions: all matters, including:
The Court is divided into eight chambers, generally consisting of three judges, except for the sixth and the eighth chambers, which consist of four judges and alternate to form three-judge chambers for the purposes of dealing with cases http://curia.europa.eu/jcms/jcms/Jo2_7038/. Cases are distributed by the President of the Court to the Presidents of the chambers. The Presidents of chamber then assign a Judge-Rapporteur amongst the judges in the chamber, whose clerks write a preliminary report (rapport prealable) based on the pleadings received from the parties and the applicable law.
At the close of the written procedure 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, as necessary, into different official languages of the European Union. The Judges then deliberate on the basis of a draft judgment prepared by the Judge-Rapporteur. The judgment is delivered in open court.
Court of Justice of the European Union
The Court of Justice of the European Union is the institution of the European Union which encompasses the whole judiciary. Seated in Luxembourg, it has three sub-courts; the European Court of Justice, the General Court and the Civil Service Tribunal.The institution was originally established in...
. From its inception on 1 January 1989 to 30 November 2009, it was known as the Court of First Instance (CFI).
Competence
The General Court hears disputes (such as disputes brought by those refused a trademarkTrademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
by OHIM
Office for Harmonization in the Internal Market
The Office for Harmonization in the Internal Market , or OHIM is the trademark and designs registry for the internal market of the European Union. It is based in Alicante, Spain, and its president is António Campinos.- Task :...
, the EU Trade Mark and designs registry). Appeals are sent to the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
. The General Court is an independent Court attached to the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
.
The creation of the General Court instituted a judicial system based on two levels of jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
: all cases heard at first instance
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
by the General Court may be subject to a right of appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
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, in order to relieve it of some of the caseload, the Treaty of Nice
Treaty of Nice
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
, which entered into force on February 1, 2003, provides for the creation of ‘judicial panels’ in certain specific areas.
On November 2, 2004 the Council adopted a decision establishing the European Union Civil Service Tribunal
European Union Civil Service Tribunal
The European Union Civil Service Tribunal is a specialised tribunal within the Court of Justice of the European Union. It was established on 2 December 2005.-Legal basis:...
. This new specialised tribunal, composed of seven judges, will hear and determine at first instance disputes involving the European Civil Service
European Civil Service
The European Civil Service is the civil service serving the institutions of the European Union, of which the largest employer is the European Commission, the executive branch of the European Union...
. Its decisions will be subject to a right of appeal before the General Court on points of law only. Decisions given by the General Court in this area may exceptionally be subject to review by the Court of Justice. The European Union Civil Service Tribunal was duly constituted into law on December 2, 2005.
The creation of a European Union Patent Tribunal is currently being examined.
Composition
The General Court (previously known as the "Court of First Instance") is composed of 27 judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, at least one from each Member State, plus a registrar. The Judges are appointed for a renewable term of six years by common accord of the governments of the Member States.
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
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
which has 8 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 only very occasionally.
List of presidents
| Year | Name |
|---|---|
| 1989–1995 |  José Luis Da Cruz Vilaça |
| 1995–1998 |  Antonio Saggio |
| 1998–2007 |  Bo VesterdorfBo Vesterdorf Bo Vesterdorf, is a Danish judge who has been President of the European Court of First Instance.Vesterdorf began his career as a lawyer-linguist at the European Court of Justice before becoming Administrator in the Danish Ministry of Justice, examining magistrate, and Legal Attaché in the... |
| 2007–present |  Marc Jaeger |
Judges
| Name | Country | Elected | Term Ends |
|---|---|---|---|
| Marc Jaeger | Luxembourg Luxembourg Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south... |
1996 | 2010 |
| Josef Azizi |  AustriaAustria Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the... |
1995 | 2013 |
| Arjen Meij |  NetherlandsNetherlands The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders... |
1998 | 2010 |
| Dimitris Gratsias |  GreeceGreece Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe.... |
2010 | 2016 |
| Nicholas James Forwood |  United KingdomUnited Kingdom The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages... |
1999 | 2011 |
| Maria Eugénia Martins de Nazaré Ribeiro Maria Eugénia Martins de Nazaré Ribeiro Maria Eugénia Martins de Nazaré Ribeiro is a Portuguese Judge and a member of the European General Court.She studied in Lisbon, Brussels and Strasbourg, she's a member of the Bar in Portugal and Brussels... |
Portugal Portugal Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the... |
2003 | 2015 |
| Franklin Dehousse |  BelgiumBelgium Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many... |
2003 | 2015 |
| Ena Cremona Ena Cremona Ena Cremona is a Maltese judge and is a member of the European General Court.-References:... |
 MaltaMalta Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in... |
2004 | 2010 |
| Ottó Czúcz |  HungaryHungary Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The... |
2004 | 2010 |
| Irena Wiszniewska-Białecka |  PolandPoland Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north... |
2004 | 2010 |
| Irena Pelikánová |  Czech RepublicCzech Republic The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest.... |
2004 | 2010 |
| Daniel Šváby |  SlovakiaSlovakia The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south... |
2004 | 2010 |
| Vilenas Vadapalas Vilenas Vadapalas Vilenas Vadapalas is a Lithuanian lawyer. He became the first representative of Lithuania at the Court of First Instance of the European Union, when he was appointed in 2004... |
 LithuaniaLithuania Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark... |
2004 | 2010 |
| Küllike Jürimäe |  EstoniaEstonia Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies... |
2004 | 2010 |
| Ingrida Labucka |  LatviaLatvia Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden... |
2004 | 2010 |
| Savvas S. Papasavvas |  CyprusCyprus Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the... |
2004 | 2010 |
| Enzo Moavero Milanesi | Italy Italy Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and... |
2006 | 2012 |
| Nils Wahl |  SwedenSweden Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund.... |
2006 | 2012 |
| Miro Prek |  SloveniaSlovenia Slovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of... |
2006 | 2013 |
| Mariyana Kancheva |  BulgariaBulgaria Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east... |
2011 | 2013 |
| Andrei Popescu Andrei Popescu Andrei Popescu is a Romanian professional football player, who currently plays for Sportul Studenţesc in Romanian Liga 2.-External links:*... |
 RomaniaRomania Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea... |
2010 | 2016 |
| Alfred Dittrich |  GermanyGermany Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate... |
2007 | 2013 |
| Santiago Soldevila Fragoso |  SpainSpain Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula... |
2007 | 2013 |
| Laurent Truchot |  FranceFrance The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... |
2007 | 2013 |
| Sten Frimodt Nielsen | Denmark Denmark Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark... |
2007 | 2013 |
| Kevin C.O'Higgins |  IrelandIreland Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth... |
2008 | 2013 |
| Heikki Kanninen |  FinlandFinland Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside... |
2009 | 2015 |
| Juraj Schwarcz | Slovakia Slovakia The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south... |
2009 | 2015 |
| Emmanuel Coulon (registrar) | France France The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... |
2005 | 2011 |
Former Judges
| Name | Country | Elected | Term Ended | Ref. |
|---|---|---|---|---|
| Virpi Tiili | Finland Finland Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside... |
January 8, 1995 | October 6, 2009 |
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 UnionTreaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
and the provisions adopted by the competent Union institutions.
In order 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
- Actions for annulment
(against acts of the Union institutions)
- Actions for failure to act
(against inaction by the Union institutions)
- Actions for damages
(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 - As of 2006 these cases were transferred to the new Civil Service Tribunal
(disputes between the Union and its officials and other servants)
Subject-matter of direct actions: all matters, including:
- agriculture
- State aid
- competition
- commercial policy
- regional policy
- social policy
- institutional law
- trade mark law
- transport
Procedure
The General Court has its own Rules of Procedure. As a rule the Court’s procedure includes a written phase and an oral phase. The proceedings are in a language chosen by the applicant. The working language of the Court, however, including the language in which the judges deliberate and the language in which preliminary reports and judgments are drafted is French. This makes the General Court, along with the Court of Justice of the European Union, the only international court where French is the sole working language http://books.google.com/books?id=bXm6CQ_wN7sC&pg=PA25&dq=european+court+of+justice+working+language+french&client=safari&cd=1#v=onepage&q=european%20court%20of%20justice%20working%20language%20french&f=falseThe Court is divided into eight chambers, generally consisting of three judges, except for the sixth and the eighth chambers, which consist of four judges and alternate to form three-judge chambers for the purposes of dealing with cases http://curia.europa.eu/jcms/jcms/Jo2_7038/. Cases are distributed by the President of the Court to the Presidents of the chambers. The Presidents of chamber then assign a Judge-Rapporteur amongst the judges in the chamber, whose clerks write a preliminary report (rapport prealable) based on the pleadings received from the parties and the applicable law.
At the close of the written procedure 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, as necessary, into different official languages of the European Union. The Judges then deliberate on the basis of a draft judgment prepared by the Judge-Rapporteur. The judgment is delivered in open court.