DOCSLIB.ORG

Annual Report 2018 Judicial Activity

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Annual Report 2018 Judicial Activity OURT O USTIE CVRIA O TE EUROPEAN UNION ANNUAL REPORT 2018 JUDICIAL ACTIVITY curia.europa.eu COURT OF JUSTICE OF THE EUROPEAN UNION ANNUAL REPORT 2018 JUDICIAL ACTIVITY Synopsis of the judicial activity of the Court of Justice and the General Court Luxembourg, 2019 curia.europa.eu COURT OF JUSTICE GENERAL COURT L-2925 LUXEMBOURG L-2925 LUXEMBOURG LUXEMBOURG LUXEMBOURG TEL. +352 4303-1 TEL. +352 4303-1 The Court of Justice on the Internet: curia.europa.eu Printed by Court of Justice of the European Union in Luxembourg Manuscript completed in February 2019. Neither the institution nor any person acting on behalf of the institution may be held responsible for any use that may be made of the information contained herein. Luxembourg: Court of Justice of the European Union/Communications Directorate — Publications and electronic media unit © European Union, 2019 Reproduction is authorised provided the source is acknowledged. Any use or reproduction of photos or other material of which the European Union is not the copyright holder is prohibited without the authorisation of the copyright holders. Print QD-AP-19-001-EN-C ISBN 978-92-829-3102-8 ISSN 2467-0987 DOI 10.2862/814687 PDF QD-AP-19-001-EN-N ISBN 978-92-829-3099-1 ISSN 2467-1215 DOI 10.2862/900014 CONTENTS Foreword of K. Lenaerts, President of the Court of Justice of the European Union 8 CHAPTER I | THE COURT OF JUSTICE A| THE COURT OF JUSTICE: CHANGES AND ACTIVITY IN 2018 11 B| CASE-LAW OF THE COURT OF JUSTICE IN 2018 13 I. Withdrawal of a Member State from the European Union 13 II. Fundamental Rights 15 1. Possibility of relying on the Charter of Fundamental Rights of the European Union in disputes between individuals 15 2. Proceedings relating to the alleged breach of fundamental rights enshrined in the Charter 18 3. Principles and fundamental rights enshrined in the Charter 20 3.1. Right to respect for private and family life 20 3.2. Freedom of religion 21 3.3. Right to a fair trial 22 3.4. The principle ne bis in idem 24 III. Citizenship of the Union 27 1. Restrictions on the right of residence of Union citizens and their family members 27 2. Derived right of residence of third country nationals who are family members of a Union citizen 29 3. Extradition of a Union citizen to a third State 33 IV. Institutional provisions 35 V. EU law and national law 36 VI. Proceedings of the European Union 38 1. References for a preliminary ruling 38 2. Actions for annulment 41 VII. Freedoms of movement 45 1. Freedom of establishment 45 2. Freedom to provide services 46 3. Free movement of capital 49 Contents 3 VIII. Border controls, asylum and immigration 51 1. Border controls 51 2. Asylum policy 52 2.1. Refugee status 52 2.2. Handling of applications for international protection 53 2.3. Return decisions 57 3. Relations with Turkey 58 IX. Judicial cooperation in civil matters 59 1. Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 59 2. Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility 61 3. Regulation No 650/2012 on the creation of a European Certificate of Succession 64 X. Judicial cooperation in criminal matters 65 1. European arrest warrant 65 2. Common rules on criminal procedure 69 XI. Transport 70 XII. Competition 72 1. Article 101 TFEU 72 2. Concentrations 73 3. State aid 74 XIII. Fiscal provisions 78 XIV. Approximation of laws 79 1. Copyright 79 2. Intellectual property 80 3. Protection of personal data 83 4. Public procurement 86 5. Mutual assistance in the recovery of tax claims 88 6. Motor insurance 89 XV. Economic and monetary policy 90 4 Annual Report 2018 | Judicial Activity XVI. Social policy 92 1. Equal treatment in employment and social security 92 2. Protection of pregnant workers and workers who have recently given birth or who are breastfeeding 95 3. Protection of fixed-term workers 97 4. Organisation of working time 98 5. Right to paid annual leave 99 6. Coordination of social security systems 102 XVII. Consumer protection 104 XVIII. Environment 105 1. Protection of the marine environment 105 2. Protected sites 106 3. Release of genetically modified organisms (GMOs) into the environment 107 4. Aarhus Convention 108 XIX. International agreements 110 1. Interpretation of an international agreement 110 2. Establishment of an arbitral tribunal by international agreement 111 3. External competence of the European Union 112 C| ACTIVITY OF THE REGISTRY OF THE COURT OF JUSTICE IN 2018 116 D| STATISTICS CONCERNING THE JUDICIAL ACTIVITY OF THE COURT OF JUSTICE 120 E| COMPOSITION OF THE COURT OF JUSTICE 150 CHAPTER II | GENERAL COURT A| ACTIVITY OF THE GENERAL COURT IN 2018 159 B| CASE-LAW OF THE GENERAL COURT IN 2018 161 Trends in the case-law 161 I. Institutional law 164 Contents 5 II. Competition rules applicable to undertakings 167 1. Developments in the area of Article 101 TFEU 167 2. Developments in the area of Article 102 TFEU 170 3. Developments in the area of mergers 172 4. Powers of inspection 174 III. State aid 175 1. Concept of State aid 175 (a) Determination of the amount of the aid — Concept of economic activity 175 (b) Selectivity in fiscal matters 176 (c) Imputability — Principle of the prudent private investor 177 2. Compatibility 178 3. Preliminary examination phase — Duty to investigate 179 4. Recovery 182 IV. Intellectual property — European Union trade mark 183 1. Power to alter decisions 183 2. Absolute grounds for refusal 183 3. Relative grounds for refusal 186 4. Revocation proceedings 188 (a) Genuine use 188 (b) Mark having become a common name in the trade 188 V. Common foreign and security policy — Restrictive measures 190 1. Ukraine 190 2. Egypt 193 3. Fight against terrorism 195 VI. Economic, social and territorial cohesion 196 VII. Health protection 197 VIII. Dumping 202 IX. Supervision of the financial sector 204 X. Public procurement by the institutions of the European Union 205 6 Annual Report 2018 | Judicial Activity XI. Access to documents of the institutions 206 1. Documents held by the EMA in the context of an application for marketing authorisation for a medicinal product 206 2. Documents from the Legal Service of an institution 207 3. Documents relating to the grant of a Euratom loan 208 4. Documents concerning an ongoing legislative procedure 209 5. Documents originating in a Member State exchanged in the context of the rules of the common fisheries policy 210 6. Documents relating to the allowances of Members of the Parliament 211 XII. Civil service 212 1. Psychological harassment 212 2. Occupational disease 215 3. Waiving of immunity from legal proceedings 216 4. Recruitment 216 XIII. Actions for damages 217 XIV. Applications for interim measures 221 C| ACTIVITY OF THE REGISTRY OF THE GENERAL COURT IN 2018 226 I. Contribution to the judicial activity 227 II. Support for consistency 228 III. A major reform: e-Curia mandatory in proceedings before the General Court 229 IV. Other forms of assistance to the Court 230 V. Administrative work 231 D| STATISTICS CONCERNING THE JUDICIAL ACTIVITY OF THE GENERAL COURT 232 E| COMPOSITION OF THE GENERAL COURT 258 Contents 7 Foreword of K. Lenaerts, President of the Court of Justice of the European Union Foreword KOEN LENAERTS President of the Court of Justice of the European Union One hundred years ago, Europe was devastated by a particularly deadly conflict. Today, more than 500 million citizens of all generations are witnessing an unprecedented historical journey that has given rise to a Community and then a European Union, a carrier of fundamental values common to its Member States and a guarantor, through its institutions, of peace, freedom, democracy, the rule of law and respect for human rights. This tremendous achievement, patiently built over several decades, must remain engraved in our collective memory at this difficult time in European history. As I write this preface, the future remains uncertain about the outcome of the political process that began after the referendum on the United Kingdom’s membership of the European Union on 23 June 2016. The migration crisis affecting our continent is, beyond its dramatic human dimension, a source of sometimes intense tensions between Member States and fuels reflexes of identity withdrawal in many public opinions. Concerns about respect for the values inherent in the rule of law have also emerged in some Member States. These sources of crisis or tension have a direct impact on the activities of our institution. Over the past year, the Court of Justice has thus had to deal with the first questions relating to Brexit, including whether a Member State, after having notified the European Council of its intention to leave the Union, may revoke that notification. Asylum cases continue to flow in, draining in their wake issues that, under the guise of a highly technical nature, involve considerable human and societal challenges. Several cases, related to respect for the rule of law, have also been brought before the Court of Justice. In this troubled climate, the Court of Justice of the European Union must remain a stable and fundamental pillar of the European project. It is up to it to work, through the unwavering commitment of all its Members and staff, towards consolidating the founding values of this project. To contribute, through high-quality, effective and transparent justice, to restoring the confidence of all — citizens, workers, consumers, businesses, political decision-makers and public managers — in European integration.
Load more

Recommended publications
  • Annual Report 2006
    QDAG07001ENC ISSN 1680-8304 ANNUAL REPORT 2006 COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES Annual Report 2006 COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES EN 00_2006_4572_cover_EN.indd 1 12-04-2007 16:29:24 COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ANNUAL REPORT 2006 Synopsis of the Work of the Court of Justice of the European Communities, the Court of First Instance of the European Communities and the European Union Civil Service Tribunal Luxembourg 2007 www.curia.europa.eu 01_2006_4572_txt_EN.indd 1 12-04-2007 16:03:18 Court of Justice of the European Communities L-2925 Luxembourg Telephone: (352) 43 03-1 Telex (Registry): 2510 CURIA LU Fax (Court of Justice): (352) 43 03-2600 Court of First Instance of the European Communities L-2925 Luxembourg Telephone: (352) 43 03-1 Fax (Court of First Instance): (352) 43 03-2100 European Union Civil Service Tribunal L-2925 Luxembourg Telephone: (352) 43 03-1 Fax (Press and Information Division): (352) 43 03-2500 Fax (Internal Services Division — Publications Section): (352) 43 03-2650 Internet: http://www.curia.europa.eu Completed on: 31 December 2006 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 Oce for Ocial Publications of the European Communities. A great deal of additional information on the European Union is available on the Internet. It can be accessed through the Europa server (http://europa.eu). Cataloguing data can be found at the end of this publication. Luxembourg: Oce for Ocial Publications of the European Communities, 2007 ISBN 92-829-0844-5 © European Communities, 2007 Reproduction is authorised provided the source is acknowledged.
    [Show full text]
  • Annual Report 2008 MMUNITIES CO EUROPEAN the of JUSTICE of T UR CO 250 Inksave Uncoated; ISO CMYK Profile: Output 11:00:08; 2009 16, Apr Date: Mm); 297.00
    C EN 001 09 AG QD EN COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ANNUAL REPORT 2008 OF CO UR THE T OF EUROPEAN JUSTICE CO MMUNITIES Annual 2008 re por t ISSN 1680-8304 Format: (430.40 x 297.00 mm); Date: Apr 16, 2009 11:00:08; Output Profile: CMYK ISO Uncoated; InkSave 250 How to obtain EU publications Publications for sale: • via EU Bookshop (http://bookshop.europa.eu); • from your bookseller by quoting the title, publisher and/or ISBN number; • by contacting one of our sales agents directly. You can obtain their contact details on the Internet (http://bookshop.europa.eu) or by sending a fax to +352 2929-42758. Free publications: • via EU Bookshop (http://bookshop.europa.eu); • at the European Commission’s representations or delegations. You can obtain their contact details on the Internet (http://ec.europa.eu) or by sending a fax to +352 2929-42758. 250 InkSave Uncoated; ISO CMYK Profile: Output 11:00:08; 2009 16, Apr Date: mm); 297.00 x (430.40 Format: COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ANNUAL REPORT 2008 Synopsis of the work of the Court of Justice of the European Communities, the Court of First Instance of the European Communities and the European Union Civil Service Tribunal Luxembourg 2009 www.curia.europa.eu Failed Preflight: 280; InkSave (ECI); v2 Coated ISO CMYK Profile: Output 07:54:49; 2009 15, May Date: mm); 297.00 x (210.00 Format: Court of Justice of the European Communities 2925 Luxembourg LUXEMBOURG Tel. +352 4303-1 Court of First Instance of the European Communities 2925 Luxembourg LUXEMBOURG Tel.
    [Show full text]
  • CJEU Annual Report 2014
    QD-AG-15-001-EN-C ISSN 1831-8444 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 EN HOW TO OBTAIN EU PUBLICATIONS Free publications: • one copy: via EU Bookshop (http://bookshop.europa.eu); • more than one copy or posters/maps: from the European Union’s representations (http://ec.europa.eu/represent_en.htm); from the delegations in non-EU countries (http://eeas.europa.eu/delegations/index_en.htm); by contacting the Europe Direct service (http://europa.eu/europedirect/index_en.htm) or calling 00 800 6 7 8 9 10 11 (freephone number from anywhere in the EU) (*). (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). Priced publications: • via EU Bookshop (http://bookshop.europa.eu). doi:10.2862/35936 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.
    [Show full text]
  • Annual Report 2004 Court of Justice of the European Communities
    06 ISSN 1680-8304 QD-AG-05-001-EN-C ANNUAL REPORT 2004 COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ANNUAL REPORT 2004 COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES EN 00_2005_0419_cover_EN 1 28-02-2005, 11:23 COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ANNUAL REPORT 2004 Synopsis of the Work of the Court of Justice and the Court of First Instance of the European Communities Luxembourg 2005 www.curia.eu.int 1 Court of Justice Table of contents Court of Justice of the European Communities L-2925 Luxembourg Telephone: (352) 43 03-1 Telex (Registry): 2510 CURIA LU Telefax (Court): (352) 43 03-2600 Telefax (Information Service): (352) 43 03-2500 Court of First Instance of the European Communities L-2925 Luxembourg Telephone: (352) 43 03-1 Telefax (Court): (352) 43 03-2100 Internet: http://www.curia.eu.int Completed on: 21st January 2005 A great deal of additional information on the European Union is available on the Internet. It can be accessed through the Europa server (http://europa.eu.int). Cataloguing data can be found at the end of this publication. Luxembourg: Office for Official Publications of the European Communities, 2005 ISBN 92-829-0748-1 © European Communities, 2005 Reproduction is authorised provided the source is acknowledged. Printed in Italy PRINTED ON WHITE CHLORINE-FREE PAPER 2 3 Court of Justice Table of contents Table of contents Page Foreword, by Mr Vassilios Skouris, President of the Court of Justice ........................... 5 Chapter I The Court of Justice of the European Communities A — The Court of Justice in 2004: changes and proceedings ....................................
    [Show full text]
  • ANNUAL REPORT Synopsis of the Worl( of the Court of Justice and Of
    COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ANNUAL REPORT 1996 Synopsis of the worl( of the Court of Justice and of the Court of First Instance of the European Communities Luxembourg, 1997 Court of Justice of the European Communities L-2925 Luxembourg Telephone: (352) 43 03-l Telex (Registry): (352) 2510 CURIA LU Telegraphic address: CURIA Telefax (Court): (352) 43 03-2600 Telefax (Information Service): (352) 43 03-2500 Court of First Instance of the European Communities L-2925 Luxembourg Telephone: (352) 43 03-1 Telefax (Court): (352) 43 03-2100 Completed on: 8 August 1997 A great deal of additional information on the European Union is available on the Internet. It can be accessed through the Europa server (http://europa.eu.int). Cataloguing data can be found at the end of this publication. Luxembourg: Office for Official Publications of the European Communities, 1998 ISBN 92-829-0354-0 © European Communities, 1998 Reproduction is authorised, provided the source is acknowledged. Printed in Italy Table of Contents page Foreword, by Mr G.C. Rodriguez Iglesias, President of the Court of Justice . 7 The Court of Justice of the European Communities A - The proceedings of the Court of Justice in 1996,- by Mr G.C. Rodrfguez Iglesias, President . 11 B - Note for guidance on references by national courts for preliminary rulings . 21 C - Composition of the Court of Justice . 25 I - Order of precedence: - from 1 January to 11 July 1996 . 27 - from 12 July to 6 October 1996 . 28 - from 7 October to 31 December 1996 . 29 II - The Members of the Court of Justice .
    [Show full text]
  • Non-Governmental Organisations in International Law
    This page intentionally left blank Non-Governmental Organisations in International Law Non-governmental organisations (NGOs) are playing an increasing political role on the international scene, and their position in relation to international law is generally regarded as important but informal. Their actual legal status has not been the subject of much investigation. This book examines the legal status of NGOs in different fields of international law, with emphasis on human rights law. By means of a thorough examination and systematisation of international legal rules and practices, Anna-Karin Lindblom explores the rights, obligations, locus standi and consultative status of NGOs. This investigation is placed within a wider discussion on the representation of groups in the international legal system. Lindblom argues, on the basis of a discourse model of international decision-making, that non-governmental organisation is an important form of public participation that can strengthen the flawed legitimacy of the state-centric system of international law. A NNA-KARIN L INDBLOM, LL. D ., is Special Adviser in human rights issues in the Ministry of Justice (Division for Democratic Issues), Sweden. She was previously a lecturer in public international law at Uppsala University, Sweden. CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW Established in 1946, this series produces high quality scholarship in the fields of public and private international law and comparative law. Although these are distinct legal sub-disciplines, developments since 1946 confirm their interrelation. Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Private international law is now often affected by international conventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices.
    [Show full text]
  • And 102 TFEU
    FACULTY OF LAW Stockholm University WHEN MEMBER STATES CREATE ABUSE OF A DOMINANT POSITION - a study of the combined articles 106(1) and 102 TFEU Anni Viktorsson Thesis in European Union Law, 30 HE credits Examiner: Claes Granmar Stockholm, Spring term 2015 Abstract This thesis investigates the possibilities of prohibiting abuse of a dominant position in relation to public undertakings and undertakings granted exclusive or special rights in accordance with the combination of articles 102 and 106(1) TFEU. Case law from the CJEU has been interpreted in terms of how the two provisions are functioning together given the problematic fact that article 102 TFEU targets undertakings and not Member States when applied on its own. The thesis shows that when regarding undertakings concerned by article 106(1) TFEU, Member States can be held responsible for their own independent conducts which have resulted in an abuse. The thesis further submits that the provisions combined has given the reference rule of article 106(1) TFEU a broader interpretation than its initial function, indicating that the requirement of an abusive conduct in article 102 TFEU can also include the creation of dominance if it effects a liberalised market. This further indicates that although Member States still can dictate the conditions on certain markets by maintaining or creating public monopolies or by granting exclusive or special rights through article 106(1) TFEU, such performance is rather limited when open markets are affected by such dominance. This result implicates for Member States that their possibilities to intervene on the internal market is decreasing to the benefit of free competition and interstate trade between on the internal market.
    [Show full text]
  • EUI Working Papers RSCAS 2008/35
    EUI Working Papers RSCAS 2008/35 Scarlet Robes, Dark Suits: The Social Recruitment of the European Court of Justice Antonin Cohen EUROPEAN UNIVERSITY INSTITUTE, FLORENCE ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES Scarlet Robes, Dark Suits: The Social Recruitment of the European Court of Justice ANTONIN COHEN EUI Working Paper RSCAS 2008/35 This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the author(s), editor(s). Requests should be addressed directly to the author(s). If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the working paper, or other series, the year and the publisher. The author(s)/editor(s) should inform the Robert Schuman Centre for Advanced Studies at the EUI if the paper will be published elsewhere and also take responsibility for any consequential obligation(s). ISSN 1028-3625 © 2008 Antonin Cohen Printed in Italy in December 2008 European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) Italy www.eui.eu/RSCAS/Publications/ http://cadmus.eui.eu Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies (RSCAS), directed by Stefano Bartolini since September 2006, is home to a large post-doctoral programme. Created in 1992, it aims to develop inter-disciplinary and comparative research and to promote work on the major issues facing the process of integration and European society. The Centre hosts major research programmes and projects, and a range of working groups and ad hoc initiatives.
    [Show full text]
  • Synopsis of the Work of the Court of Justice and of the Court of First Instance of the European Communities
    COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES REPORT OF PROCEEDINGS 1992-1994 Synopsis of the work of the Court of Justice and of the Court of First Instance of the European Communities Luxembourg 1995 Cataloguing data can be found at the end of this publication. Court of Justice of the European Communities L-2925 Luxembourg Telephone: 4303-1 Telex (Registry): 2510 CURIA LU Telex (Information Service): 2771 CJ INFO LU Telegraphic address: CURIA Telefax (Court): 4303-2600 Telefax (Information Service): 4303-2500 Court of First Instance of the European Communities Rue du Fort-Niedergriinewald L-2925 Luxembourg Telephone: 43 03-1 Telex (Registry): 60216 CURIA LU Telefax (Court): 4303-2100 Luxembourg: Office for Official Publications of the European Communities, 1995 ISBN 92-829-0255-2 © ECSC-EC-EAEC, Brussels • Luxembourg, 1995 Reproduction is authorized, except for commercial purposes, provided the source is acknowledged. Printed in Belgium Foreword This year, exceptionally, the Report of the Proceedings of the Court of Justice of the European Communities and of the Court of First Instance will replace the Annual Report of previous years. Following delays at various stages of publication, and relying on the understand­ ing of our readers, it has been decided to publish a version which, while retaining the usual content, relates to the proceedings of the Court of Justice and of the Court of First Instance over three years, namely 1992, 1993 and 1994. As has been the case with publications for previous years, this report is intended for judges. lawyers and, in general, practitioners, teachers and students of Community law.
    [Show full text]
  • Annual Report 2009 U Nion Uropean E Uropean E of the the of Justi C E of Court
    QD- ISSN 1831-8444 A G-10-003- 2009 EN -C REPORT L L ANNUA COURT OF JUSTICE OF THE EUROPEAN UNION Annual Report 2009 NION U UROPEAN UROPEAN E E OF THE THE OF E C COURT OF JUSTI OF COURT EN HOW TO OBTAIN EU PUBLICATIONS Free publications: • via EU Bookshop (http://bookshop.europa.eu); • at the European Commission’s representations or delegations. You can obtain their contact details on the Internet (http://ec.europa.eu) or by sending a fax to +352 2929-42758. Priced publications: • via EU Bookshop (http://bookshop.europa.eu). Priced subscriptions (e.g. annual series of the Official Journal of the European Union and reports of cases before the Court of Justice of the European Union): • via one of the sales agents of the Publications Office of the European Union (http://publications.europa.eu/others/agents/index_en.htm). COURT OF JUSTICE OF THE EUROPEAN UNION ANNUAL REPORT 2009 Synopsis of the work of the Court of Justice, the General Court and the European Union Civil Service Tribunal Luxembourg 2010 http://www.curia.europa.eu Court of Justice 2925 LUXEMBOURG Tel. +352 4303-1 General Court 2925 LUXEMBOURG Tel. +352 4303-1 European Union Civil Service Tribunal 2925 LUXEMBOURG Tel. +352 4303-1 The Court of Justice on the Internet: http://www.curia.europa.eu The Annual Report is also available on CD-ROM from the Press and Information Service Tel. +352 4303-2035 Completed on: 1 January 2010 Reproduction is authorised provided the source is acknowledged. The photographs may be reproduced only in the context of this publication.
    [Show full text]
  • The Judicial Function in European Law and Pleading in the European Courts
    The Judicial Function in European Law and Pleading in the European Courts Ian S. Forrester, Q.C.* The Gauthier lectures, delivered at Tulane University School of Law, examine the role of the advocate in court. This Article describes the contribution made by the law and practising lawyers to the development of European Community law by the European Court of Justice and the European Court of First Instance. It describes the courts’ traditions and procedures and summarises the formative cases they decided. Finally, the Article proposes some procedural improvements in the practice of the courts. I. INTRODUCTION.................................................................................2 II. EUROPE’S BLOODY HISTORY...........................................................3 III. THE EUROPEAN INSTITUTIONS ........................................................6 IV. THE CONSTITUTIONAL ARCHITECTURE OF THE EUROPEAN UNION ..............................................................................................7 A. Constitutional Obscurity and Clear Substantive Legal Principles....................................................................10 B. The Treaties and Promises To Obey Them.......................... 11 V. S OURCES OF COMMUNITY LAW .....................................................13 VI. WHY LUXEMBOURG?.....................................................................14 VII. JUDICIAL REVIEW...........................................................................16 A. Judicial Review and Primacy of Community Law..............16
    [Show full text]
  • I 0 ANNUAL REPORT 1995
    g n JL 0 li! C!}L ' I} ~ 1 ::; ' "'Jr· '/- •ij; -!J,9tiP ~ -=--- /i.'' .., -..=>"...... •=!...~ c:: 0 "'... " -n COURT OF JUSTICE ; t"l OF THE EUROPEAN COMMUN1TfES - 0 i ..,"l ;; c::t"l ;ll ANNUAL REPORT 0 ~ t'l ~ 1995 n 0 ~;s: c:: 'Z -:::l Zl I > ~c:: > r [:.; ~ 0 ~ \0 "'!.II ISBN ,2-82,-032b-S ~ ,. ,. OFACE FOR OFACIAl PUSUCAOONS :a : OF THE EUROPEAN COMMUNmES • • • .. " 1..>2965 LuxembOurg 9 COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ANNUAL REPORT 1995 Synopsis of the Work of the Court of Justice and of the Court of First Instance of the European Communities Luxembourg 1996 Cataloguing data can be found at the end of this publication. Court of Justice of the European Communities L-2925 Luxembourg Telephone: (352) 43 03-1 Telex (Registry): (352) 2510 CURIA LU Telex (Information Service): (352) 2771 CJ INFO LU Telegraphic address: CURIA Telefax (Court): (352) 43 03-2600 Telefax (Information Service): (352) 43 03-2500 Court Of First Instance of the European Communities Rue du Fort Niedergri.inewald L-2925 Luxembourg Telephone: (352) 43 03-1 Telefax (Court): (352) 43 03-2100 Luxembourg: Office for Official Publications of the European Communities, 1997 ISBN 92-829-0326-5 © European Communities, 1997 Reproduction is authorised, provided the source is acknowledged. Printed in Italy Foreword This year, the Report of the Work of the Court of Justice of the European Communities and of the Court of First Instance appears once again in its usual form. As has been the case with publications for previous years, the 1995 Report is intended for judges, lawyers and, in general, practitioners, teachers and students of Community law.
    [Show full text]