ANNUAL REPORT 2014 COURT of JUSTICE of the EUROPEAN UNION Annual Report 2014 ISSN 2315-2311
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ISSN 2315-2311 ANNUAL 2014 REPORT ANNUAL COURT OF JUSTICE OF THE EUROPEAN UNION Annual report 2014 COURT OF JUSTICE OF THE EUROPEAN UNION EUROPEAN THE OF JUSTICE OF COURT COURT OF JUSTICE OF THE EUROPEAN UNION ANNUAL REPORT 2014 Synopsis of the work of the Court of Justice, the General Court and the Civil Service Tribunal Luxembourg, 2015 www.curia.europa.eu Court of Justice 2925 Luxembourg LUXEMBOURG Tél. +352 4303-1 General Court 2925 Luxembourg LUXEMBOURG Tél. +352 4303-1 Civil Service Tribunal 2925 Luxembourg LUXEMBOURG Tél. +352 4303-1 The Court of Justice on the Internet: http://www.curia.europa.eu Completed on: 1 January 2015 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, 2015 Print ISBN 978-92-829-1977-4 ISSN 1831-8444 doi:10.2862/35936 QD-AG-15-001-EN-C PDF ISBN 978-92-829-1954-5 ISSN 2315-2311 doi:10.2862/32539 QD-AG-15-001-EN-N © European Union, 2015 Printed in Belgium 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 2014: changes and activity ................................................................. 9 B — Case-law of the Court of Justice in 2014 .................................................................................. 11 C — Composition of the Court of Justice .......................................................................................... 65 1. Members of the Court of Justice ......................................................................................... 67 2. Change in the composition of the Court of Justice in 2014 ..................................... 83 3. Order of precedence ............................................................................................................... 85 4. Former members of the Court of Justice ......................................................................... 87 D — Statistics concerning the judicial activity of the Court of Justice ................................... 91 Chapter II The General Court A — Proceedings of the General Court in 2014 ............................................................................ 123 B — Composition of the General Court ........................................................................................... 161 1. Members of the General Court .......................................................................................... 163 2. Change in the composition of the General Court in 2014 ...................................... 173 3. Order of precedence ............................................................................................................. 175 4. Former members of the General Court .......................................................................... 177 C — Statistics concerning the judicial activity of the General Court ������������������������������������ 179 Annual report 2014 3 Court of Justice Contents Chapter III The Civil Service Tribunal A — Proceedings of the Civil Service Tribunal in 2014 ............................................................... 201 B — Composition of the Civil Service Tribunal .............................................................................. 211 1. Members of the Civil Service Tribunal ���������������������������������������������������������������������������� 213 2. Change in the composition of the Civil Service Tribunal in 2014 ......................... 217 3. Order of precedence ............................................................................................................. 219 4. Former members of the Civil Service Tribunal ............................................................. 221 C — Statistics concerning the judicial activity of the Civil Service Tribunal ....................... 223 4 Annual report 2014 Foreword Court of Justice Foreword This report is intended to provide a succinct yet accurate presentation of the institution’s activity in 2014. As usual, a substantial part of the report is devoted to accounts of the main judicial activity of the Court of Justice, the General Court and the Civil Service Tribunal, providing an overview of developments in the case-law. In addition, statistics provide details, for each court, of the nature and quantity of the cases which were brought before them. A new record was achieved in 2014 with a total of 1 691 cases brought before the three courts, that is to say, the highest number since the judicial system of the European Union was created. On the other hand, as 1 685 cases were completed, the institution’s product- ivity was likewise the highest recorded in its history. This increased productivity also had its coun- terpart in the duration of proceedings, which was reduced. This good performance confers no protection, however, against the risk of the system becoming clogged up in the future. Whilst the courts’ constant workload, and especially the increase in the number of the cases before the General Court, is undeniably proof of the system’s success, it may also compromise its effectiveness. Furthermore, since 1 December 2014, following the transitional period introduced by the Treaty of Lisbon as regards the judicial review of acts of the European Union in the field of police coopera- tion and judicial cooperation in criminal matters, the Court of Justice has had full jurisdiction under Article 258 of the Treaty on the Functioning of the European Union (TFEU) to decide infringement proceedings against any Member State — with one exception — where they breach provisions of EU law in that field. For those reasons, means of improving the effectiveness of the judicial system of the European Union, whether legislative in nature or relating to working methods, are constantly and continu- ously sought. An important step in that direction was taken in 2014 with the draft of the new Rules of Procedure of the General Court, which was favourably received by the Council. These new Rules of Procedure include measures designed to improve the effectiveness of the General Court’s work, and they also provide a means of ensuring that information or material pertaining to the security of the European Union or its Member States or to the conduct of their international relations is protected when it is dealt with by the General Court. An even more important step remains to be taken in the future. After being invited to do so by the Italian Presidency of the Council in the second half of 2014, the Court submitted to the Council a proposal to double the number of General Court judges in three successive stages extending until 2019. As this proposal was agreed to in principle by the Council, it will have to be developed in the first months of 2015. On 20 and 21 November 2014, the institution celebrated the 25th anniversary of the establishment of the General Court. The events organised in that context enabled this enriching period for the judicial system of the European Union to be appraised, but also enabled future prospects to be considered. Annual report 2014 5 Court of Justice Foreword The year 2014 also provided the opportunity to mark the 10th anniversary of the European Union’s enlargement on 1 May 2004 through the accession of 10 new Member States, by holding a confer- ence on 5 June 2014 entitled ‘The Court of Justice from 2004 to 2014: a retrospective’. This foreword to the annual report is the last that I will have the honour of signing as president of the institution. I would therefore like to take this opportunity to thank my colleagues in the Court of Justice for the confidence that they have repeatedly placed in me, and the members of the Gen- eral Court and the Civil Service Tribunal for their contribution to the task with which our institution has been entrusted. I also thank all those who, in the background but playing a crucial role, in the chambers or the departments of the institution, ensure that the Court of Justice of the European Union can state the law. V. Skouris President of the Court of Justice 6 Annual report 2014 Chapter I The Court of Justice Changes and activity Court of Justice A — The Court of Justice in 2014: changes and activity By Mr Vassilios Skouris, President of the Court of Justice This first chapter gives an overview of the activities of the Court of Justice in 2014. The present part of the chapter firstly describes how the Court of Justice evolved during the past year, and secondly includes an analysis of the statistics which shows both the evolution of the Court’s workload and the average duration of proceedings. This is followed by the second part (B), which presents, as it does each year, the main developments in the case-law, arranged by subject-matter; the third part (C), which provides details of the Court’s composition during the period in question; and then the fourth part (D), which contains the statistics relating to the past judicial year. 1. As regards the Court’s general evolution, the only event which stands out is the resignation of the Cypriot judge, Mr Arestis, and his replacement by Mr Lycourgos, who entered