European Court Procedure

“More than just another new theoretical study, this book really is a practical and useful tool that I sincerely recommend."
From the foreword by Mr Marc van der Woude, President of the General Court of the European Union

The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties. The book is thus a comprehensive reference tool for practising lawyers and helps them present their cases effectively, while at the same time offering valuable guidance to national judges dealing with cases raising points of EU law. Moreover, it provides insights into the reasoning process of the EU Courts, which will be of interest to scholars in the field, and is built around a structure that facilitates its use as a teaching material.

Summary of Contents
Part 1. Enforcement of EU Law and Judicial Organisation of the EU
1.1. Introduction – Enforcement of EU Law and Judicial Avenues (Luszcz)
1.2. The Court of Justice of the European Union (Luszcz)
Viktor Luszcz, 11 years as a Référendaire at the General Court, Member of the Budapest Bar.


Part 2. Enforcement of EU Law against Member States and Private Parties
2.1. Infringement Actions (Kristof)
Milan Kristof, 14 years as a Référendaire at the Court of Justice.
2.2. Preliminary Rulings on Interpretation (Geulette)
Alexandre Geulette, 12 years as a Référendaire at the Court of Justice and the General Court, Member of the Brussels Bar.


Part 3. Protection against Acts of the EU
3.1. Action for Annulment (Luszcz)
3.2. Action for Failure to Act (Bottka)
Viktor Bottka, 15 years as a Member of the European Commission's Legal Service.
3.3. Action for Damages (Farley)
Martin Farley, 6 years as a Member of the European Commission's Legal Service, Solicitor of England & Wales.
3.4. Staff Cases (Bottka)
3.5. Intellectual Property Cases (Luszcz)
3.6. Appeals (Bottka)
3.7. Plea of Illegality (Luszcz)
3.8. Preliminary Rulings on Validity of EU Measures (Geulette)
3.9. Opinions on International Agreements to be Concluded by the EU (Bottka)


Part 4. Procedure before the EU Courts
4.1. Common Rules on Procedure (Luszcz)
4.2. Procedure in Direct Actions (Luszcz)
4.3. Procedure in Intellectual Property Cases (Luszcz)
4.4. Procedure in Appeals (Bottka)
4.5. Procedure in Preliminary Rulings (Geulette)
4.6. Procedure in Opinions on International Agreements to be Concluded by the EU (Bottka)


Part 5. Incidental and Ancillary Procedural Issues
5.1. Evidence and Confidential Information (Luszcz)
5.2. Interim Measures (Terrien)
Vivien Terrien, 11 years as a Référendaire at the General Court, Member of the New York Bar and the Paris Bar.
5.3. Expedition (Terrien)
5.4. Interventions (Luszcz)
5.5. Joinder of Cases (Bottka)
5.6. Stay of Proceedings (Bottka)
5.7. Inadmissibility and No Need to Adjudicate (Bottka)
5.8. Discontinuance, Withdrawal, Settlement (Bottka)
5.9. Judgment by Default (Bottka)
5.10. Costs and Legal Aid (Farley)
5.11. Applications Relating to Judgments and Orders (Bottka)
5.12. Requirements as to Enforcement (Bottka)

“The book provides a comprehensive and detailed analysis of the procedural elements of EU litigation … the extensive work of the authors in examining and analysing a sizeable amount of case-law in light of its procedural value, along with its masterly presentation, make this book an excellent addition to the library of every practicing lawyer.” –  Alezini Loxa, Lund University, Nordic Journal of European Law

“[T]his is a wonderful source of information about the legislation and related case law on procedure before the GC and CJEU.” –  Michael Edenborough QC, Serle Court, The IPKat

“[A] well-conceived, soundly structured and accessible work which guides the reader, typically practicing lawyers and specialized academics, through the mazes of EU procedural law ... undoubtedly a must-have for those who work with and study the Luxembourg Court.” –  Chiara Amalfitano, Eurojus