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2013 COURT of JUSTICE of the EUROPEAN UNION Annual Report 2013 ISSN 1831-8444 ISSN 1831-8444 ANNUAL 2013 REPORT ANNUAL COURT OF JUSTICE OF THE EUROPEAN UNION Annual report 2013 COURT OF JUSTICE OF THE EUROPEAN UNION EUROPEAN THE OF JUSTICE OF COURT COURT OF JUSTICE OF THE EUROPEAN UNION ANNUAL REPORT 2013 Synopsis of the work of the Court of Justice, the General Court and the Civil Service Tribunal Luxembourg, 2014 www.curia.europa.eu Court of Justice L-2925 Luxembourg Tel. +352 4303-1 General Court L-2925 Luxembourg Tel. +352 4303-1 Civil Service Tribunal L-2925 Luxembourg Tel. +352 4303-1 The Court of Justice on the Internet: http://www.curia.europa.eu Completed on: 1 January 2014 Reproduction is authorised provided the source is acknowledged. The photographs may be reproduced only in the context of this publication. For any other use, authorisation must be sought from the Publications Office of the European Union. More information on the European Union is available on the Internet (http://europa.eu). Luxembourg: Publications Office of the European Union, 2014 ISBN 978-92-829-1692-6 (Print) 978-92-829-1669-8 (PDF) ISSN 1831-8444 (Print) 2315-2311 (PDF) doi: 10.2862/5295 (Print) 10.2862/4627 (PDF) © European Union, 2014 Printed in Luxembourg PRINTED ON ELEMENTAL CHLORINE-FREE BLEACHED PAPER Contents Court of Justice Contents Page Foreword by the President of the Court of Justice, Vassilios Skouris ................................................................................................ 5 Chapter I The Court of Justice A — The Court of Justice in 2013: changes and activity ................................................................ 9 B — Case-law of the Court of Justice in 2013 .................................................................................. 11 C — Composition of the Court of Justice .......................................................................................... 55 1. Members of the Court of Justice ......................................................................................... 57 2. Change in the composition of the Court of Justice in 2013 ..................................... 73 3. Order of precedence ............................................................................................................... 75 4. Former members of the Court of Justice ......................................................................... 77 D — Statistics concerning the judicial activity of the Court of Justice ................................... 81 Chapter II The General Court A — Proceedings of the General Court in 2013 ............................................................................ 113 B — Composition of the General Court ........................................................................................... 151 1. Members of the General Court .......................................................................................... 153 2. Change in the composition of the General Court in 2013 ...................................... 165 3. Order of precedence ............................................................................................................. 167 4. Former members of the General Court .......................................................................... 171 C — Statistics concerning the judicial activity of the General Court ������������������������������������ 173 Annual Report 2013 3 Court of Justice Contents Chapter III The Civil Service Tribunal A — Proceedings of the Civil Service Tribunal in 2013 ............................................................... 195 B — Composition of the Civil Service Tribunal .............................................................................. 205 1. Members of the Civil Service Tribunal ���������������������������������������������������������������������������� 207 2. Change in the composition of the Civil Service Tribunal in 2013 ......................... 211 3. Order of precedence ............................................................................................................. 213 4. Former Members of the Civil Service Tribunal ............................................................. 215 C — Statistics concerning the judicial activity of the Civil Service Tribunal ....................... 217 4 Annual Report 2013 Foreword Court of Justice Foreword In 2013, the Court of Justice of the European Union experienced a striking increase in the pace of its judicial activity. First, the number of cases brought was the highest since the judicial system of the European Union was created. Second, with 1 587 cases being completed, the institution’s pro- ductivity was at an unprecedented level. The Court of Justice can only be satisfied with this trend, which indicates the confidence of national courts and of litigants in the judicature of the European Union. However, this intensification of judicial activity is liable, in the not necessarily distant future, to undermine the efficiency of the European Union’s judicial system as a whole. For this reason, there is a constant and continuous need to seek means, in the form of both legislation and working methods, of improving the efficiency of that judicial system. 2013 also witnessed the accession of the Republic of Croatia to the European Union and the arrival of the two Croatian members at the Court of Justice and the General Court respectively, as well as the adoption of the decision increasing the number of Advocates General at the Court of Justice and, in this context, the arrival of the first Polish Advocate General. Finally, the past year also saw the departure of six members of the General Court in the context of the partial renewal of its membership, two members of the Court of Justice and one member of the Civil Service Tribunal. This report provides a full record of changes concerning the institution and of its work in 2013. A substantial part of the report is devoted to succinct but exhaustive accounts of the main judicial activity of the Court of Justice, the General Court and the Civil Service Tribunal, accompanied by statistics. I would like to take this opportunity to warmly thank my colleagues in the three courts and the entire staff of the Court of Justice for the outstanding work carried out by them during this exceptionally demanding year. V. Skouris President of the Court of Justice Annual Report 2013 5 Chapter I The Court of Justice Changes and activity Court of Justice A — The Court of Justice in 2013: changes and activity By Mr Vassilios Skouris, President of the Court of Justice The first part of the Annual Report gives an overview of the activities of the Court of Justice of the European Union in 2013. First, it describes how the institution evolved during the past year, with the emphasis on the institutional changes affecting the Court of Justice and developments relating to its internal organisation and its working methods (Section 1). Second, it includes an analysis of the statistics which shows both the evolution of the Court of Justice’s workload and the average duration of proceedings (Section 2). Third, it presents, as it does each year, the main developments in the case-law, arranged by subject matter (Section 3). 1. As regards the evolution of the Court of Justice of the European Union generally, the event of the past year which stands out is the accession of the Republic of Croatia to the European Union. At a formal sitting on 4 July 2013, the first Croatian Judge of the Court of Justice and the first Croatian Judge of the General Court took the prescribed oath and they entered into office on the same day. Preparation for this seventh enlargement of the European Union was problem-free for the institu- tion, and the two Judges, the members of their Chambers and all the staff of Croatian nationality who joined the institution were integrated smoothly. At the judicial level, it should be noted that, by Council Decision 2013/336/EU of 25 June 2013 in- creasing the number of Advocates General of the Court of Justice of the European Union (OJ 2013 L 179, p. 92), the number of Advocates General was increased to nine with effect from 1 July 2013 and will rise to eleven with effect from 7 October 2015. Following the adoption of that decision, the first Polish Advocate General took the oath on 23 October 2013. As regards procedural rules, following the entry into force of the new Rules of Procedure of the Court of Justice in 2012, the Court submitted to the Council a proposal for the adoption of new Supplementary Rules to replace the Supplementary Rules of 4 December 1974 (OJ 1974 L 350, p. 29), as last amended on 21 February 2006 (OJ 2006 L 72, p. 1). This proposal was approved by the Council at the beginning of 2014 (OJ 2014 L 32, p. 37). In parallel the Court adopted practice directions to parties concerning cases brought before the Court (OJ 2014 L 31, p. 1), which replace, with effect from 1 February 2014, the practice directions relating to direct actions and appeals of 15 October 2004 (OJ 2004 L 361, p. 15), as amended on 27 January 2009 (OJ 2009 L 29, p. 51). These two procedural instruments entered into force on 1 February 2014. 2. The statistics concerning the Court’s activity in 2013 reveal unprecedented figures overall. The past year will be remembered for being, first, the most productive year in the Court’s history and, second, the year with the highest ever number of new cases. Thus, the Court completed 635 cases in 2013 (net figure, that is to say, taking account of the joinder of cases), a considerable increase compared with the previous year (527 cases completed
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