Lasok’s European Court Practice and Procedure

Preface
Table of European Legislation
Table of Rules of Procedure
Table of Cases
Chapter 1 Judicial institutions and bodies
	I Introduction
	II The instruments governing the Court
	III The division of jurisdiction between the ECJ, the GC and specialised courts
	IV Composition of the ECJ, the GC and specialised courts
		A The members
		B Presidents, Vice-President and Advocates General
		C The Registrar
		D Assistant rapporteurs
		E Other personnel
	V The structure of the Court
		A The Court and its formations
		B The Registry
		C Other departments and offices
Chapter 2 General outline of procedure
	I Introduction
	II The language of the case
		A Selection of the language of the case
		B Role of the language of the case
		C Alteration of the language of the case and use of another  language
	III Conflicts of jurisdiction
		A Lack of jurisdiction and referral to the court having jurisdiction
		B Effect on the running of time
		C Partial lack of jurisdiction
		D Overlapping jurisdiction
		E Procedural steps
	IV Direct actions
		A Written procedure
		B Directions and enquiries
		C The oral procedure
		D The judgment
	V References for a preliminary ruling
		A The order for reference
		B The written procedure
		C The other procedural stages
		D The expedited procedure
		E The urgent procedure
	VI Appeals and reviews
		A Appeals from the CST to the GC
		B Appeals from the GC to the ECJ
		C Review of appellate decisions of the GC
		D Review of preliminary rulings made by the GC
Chapter 3 Parties
	I Introduction
	II Member States, EEA states and third countries
	III The European Union and the Communities
	IV EU institutions and related entities
	V Other persons or bodies
	VI Restrictions on the ability to participate in proceedings
	VII Capacity to be a party
	VIII Cessation of existence of a party
	IX Adding, removing and substituting parties
	X Transfer or assignment of a right of action or right to represent a party
	XI Altering the description of a party on the pleadings
	XII Parties in IP appeals
	XIII Service on parties
Chapter 4 Representation and legal aid
	I Representation and assistance
		A Introduction
		B Persons capable of representation and assistance
		C The functions comprising representation and assistance
		D The role of a lawyer as representing or assisting a party
		E Appointment of a person to represent or assist a party and proof of appointment
		F Withdrawal of authority to act
	II Agents, advisers and lawyers
	III Rights and immunities
		A Immunity from suit
		B Exemption from search and seizure
		C Free movement
		D The entitlement to rely on a right or immunity
		E Waiver and loss of entitlement to a right or immunity
	IV Obligations
		A Conduct justifying action by the Court
		B The courses of action open to the Court
		C Rescission of the Court’s decision
	V Legal aid
		A Contentious proceedings
		B References for a preliminary ruling
		C Payment and recovery of sums advanced
Chapter 5 Intervention
	I Introduction
	II Who can intervene
	III Interest
		A General remarks
		B Bodies representing collective interests
		C The distinction between the intervener’s interest and the interest of a main party or the interest of another intervener
		D Particular examples of interests to intervene
	IV Rights of the intervener
		A General
		B Supporting and opposing the form of order
		C The freedom to introduce new pleas, exceptions or arguments
		D Production of evidence
		E Ancillary proceedings and applications
		F Appeals and remission
	V Procedure
		A General
		B Intervention in the action and in interim relief proceedings
		C Late applications to intervene
		D Timeous applications
		E Withdrawal of leave to intervene
		F Effect of refusal of permission to intervene
Chapter 6 Procedural issues
	I Introduction
	II Types of procedural issues
		A Evidential issues
		B Confidentiality
		C Pleading issues
	III Raising a procedural issue
		A General
		B Written procedure
		C Handling of the application
Chapter 7 Admissibility
	I Introduction
	II Objections to admissibility
		A Lack of jurisdiction
		B No locus standi
		C Lack of capacity
		D Lack of interest
		E Prescription
		F Connexity
		G Failure to comply with a preliminary procedure
		H Lis pendens
		I  Res judicata
		J  Defective pleadings
	III Raising an objection
		A General remarks
		B Dismissal for manifest lack of jurisdiction or inadmissibility
		C Summary dismissal by reason of an absolute bar or lack of purpose
		D Dismissal on application
Chapter 8 Interim relief
	I Introduction
	II The four types of interim relief
		A Suspension of an act challenged before the Court
		B Interim measures
		C Suspension of the enforcement of a decision of the Court
		D Suspension of the enforcement of a measure adopted by another institution
		E Effect of the grant of relief on third parties
	III Conditions for the grant of relief
		A Prima facie case
		B Urgency
		C Serious and irreparable damage
		D The balance of interests
	IV Procedure
		A General
		B The applicant
		C The application
		D The substantive content of the application
		E Other pleadings
		F Evidential requirements
		G The handling of the application
		H Intervention
		I  Emergency relief
		J  Orders made without hearing the defendant
		K Measures of organisation of procedure and measures of enquiry
		L The hearing
		M The decision
		N Imposition of conditions on the grant of relief
		O Variation or cancellation of the order
		P Renewal of the application
		Q Appeals
Chapter 9 Pleading
	I Introduction
	II Technical rules relating to format and presentation
	III General rules
		A General requirements
		B Form and lodgment
		C Length
		D Content
		E Confidential treatment
	IV Pleadings in direct actions
		A Applications commencing proceedings
		B The defence and preliminary objection to admissibility
		C Reply, rejoinder and observations on a preliminary objection to admissibility
		D Subsequent pleadings
		E Pleadings in ancillary proceedings
		F Pleadings in IP appeals
	V Pleadings in appeals
		A Application commencing appeal
		B Response
		C Subsequent pleadings
		D Cross-appeal
		E Response to the cross-appeal
		F Reply and rejoinder on a cross-appeal
		G Pleadings in ancillary proceedings
		H Pleadings after referral back to the first instance court
	VI Pleadings in review proceedings
	VII Pleadings in references for a preliminary ruling
Chapter 10 Evidence
	I Introduction
	II The role of evidence in proceedings before the court
		A Non-contentious proceedings
		B Contentious proceedings
	III Proof of law
Chapter 11 Measures of enquiry
	I Introduction
	II Ordering a measure of enquiry
		A Procedural matters
		B Substantive matters
	III Conduct of measures of enquiry
	IV The personal appearance of the parties
	V Requests for information and the production of documents
		A Production by operation of law
		B Voluntary production
		C Production by Court order or request
	VI Oral testimony
		A Examination of witnesses by the Court
		B Letters rogatory
	VII Experts’ reports
	VIII Inspection of the place or thing in question
Chapter 12 Exclusion of evidence
	I Introduction
	II The power to exclude evidence
		A The general rule of disclosure and its exceptions
		B Limited disclosure
		C Exclusion of evidence
	III Lack of probative value
		A National and EU security
		B Conduct of international relations
		C Business secrets
		D Administrative confidences
		E Medical secrecy
		F Lawyer-client confidences
	IV Improperly obtained evidence
Chapter 13 Rules of evidence
	I Introduction
	II The burden of proof
	III The standard of proof
	IV The golden rule: unfettered evaluation of evidence
		A General
		B Derogations from the unfettered evaluation of evidence
		C Assessment of probative value
		D The assessment of particular types of evidence
	V Presumptions
Chapter 14 Costs
	I Introduction
	II The award of costs
		A Preliminary rulings
		B Interlocutory orders and judgments
		C Intervention
		D Interim relief
		E IP appeals
		F Appeals and reviews
		G Final judgments and orders
		H Costs of execution
	III Recoverable costs
		A General
		B Witnesses and experts
		C Remuneration of agents, advisers and lawyers
		D Travel and subsistence expenses
		E Miscellaneous
	IV Taxation
		A Commencement of taxation proceedings
		B Procedure
		C Taxation of costs
		D Enforcement
Chapter 15 Appeals and review procedures
	I Introduction
	II Appeals
		A Scope of appeal procedures
		B Time limits
		C The parties to the appeal
		D Grounds of appeal
		E Initiation of an appeal
		F Procedural stages
		G Preliminary issues
		H Interim relief
		I  Written procedure
		J  Oral procedure
		K Judgment
		L Remission to the first instance court
	III Review of appellate decisions of the GC
		A Commencement of review proceedings
		B Written procedure
		C Interim relief
		D Intervention
		E Directions
		F Oral procedure
		G The ruling and its consequences
		H Remission to the GC
	IV Review of preliminary rulings made by the GC
Chapter 16 Judgments and decisions of the Court
	I Forms and procedure
		A Types of decision and the decision-making process
		B Form
		C Signature and coming into effect
	II Effect of judgments and orders
		A Procedural consequences of a judgment or order
		B Varying the consequences of a judgment or order
		C Binding effect of judgments, orders and decisions
	III Rectification
	IV Supplementing a judgment or order
	V Judgment by default
		A Description of the procedure
		B Obtaining judgment by default
		C Setting judgment aside
		D Scope of the procedure
	VI Third party proceedings
		A Description of the procedure
		B Conditions for bringing third party proceedings
		C Procedural stages
	VII Revision
		A Description of the procedure
		B Conditions for revision of a judgment or order
		C Procedural stages
		D Scope of the procedure
	VIII Interpretation of judgments and orders
		A Description of the procedure
		B Conditions for applying for interpretation
		C Procedural stages
		D Scope of the procedure
	IX Execution and enforcement of judgments and orders
		A Judgments
		B Orders
Chapter 17 Forms of action
	I Introduction
	II Exclusion of jurisdiction
	III Common procedures
		A Actions for annulment
		B Failure to act
		C Default by a member state
		D Actions for the imposition of a financial penalty on a member state
		E Actions for damages
		F Interim relief
		G Staff cases
		H References for a preliminary ruling
		I  Unlimited jurisdiction (fines and penalties)
		J  Arbitration
		K Disputes between member states
		L Disputes concerning members of the Commission and of the Court of Auditors and the Ombudsman
		M Plea of illegality
		N Judicial review of co-operation with the national authorities
	IV Special procedures under the TFEU
		A Special annulment action
		B Disputes concerning the European Investment Bank
		C Disputes concerning the European Central Bank and national central banks
		D Opinions
	V Special procedures under the EAEC Treaty
		A Applications to fix the terms of a licence
		B Appeals against decisions of the Euratom Arbitration Committee
		C Actions for the grant of a licence
		D Inspections
		E Sanctions
		F Special procedures under arts 103–105
	VI Special procedures under other instruments
		A Article 35(7) of the Treaty on European Union (pre-Lisbon Treaty version)
		B Privileges and immunities
		C Interpretative rulings
		D Appointment to an office and removal from an office
		E Disputes concerning EU Intellectual Property Rights
		F Miscellaneous
		G Agreement on the withdrawal of the United Kingdom from the EU and the EAEC
Appendices
	Appendix 1 Table of concordance of treaty provisions concerning the Court
	Appendix 2 List of international conventions and agreements conferring jurisdiction on the Court
	Appendix 3 Protocol on the Statute of the Court of Justice of the European Union
	Appendix 4 Code of Conduct for Members and former Members of the Court of Justice of the European Union
	Appendix 5 Rules of Procedure of the Court of Justice
	Appendix 6 Supplementary Rules of the Court of Justice
	Appendix 7 Decision 2012/671/EU of the Court of Justice of 23 October 2012 concerning the judicial functions of the Vice-President of the Court
	Appendix 8 Decision of the Court of Justice of 16 October 2018 on the lodging and service of procedural documents by means of e-Curia
	Appendix 9 Decision of the Court of Justice of 20 September 2016 concerning the security rules applicable to information or material produced before the General Court in accordance with Article 105 of its Rules of Procedure
	Appendix 10 Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings
	Appendix 11 Practice Directions to parties concerning cases brought before the Court
	Appendix 12 The protection of personal data in connection with publications relating to judicial proceedings before the Court of Justice
	Appendix 13 Rules of Procedure of the General Court
	Appendix 14 Decision of the General Court of 11 July 2018 on the lodging and service of procedural documents by means of e-Curia
	Appendix 15 Decision of the General Court of 14 September 2016 concerning the security rules applicable to information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure
	Appendix 16 Practice Rules for the Implementation of the Rules of Procedure of the General Court
	Appendix 17 Granting anonymity to parties in judicial proceedings before the General Court of the European Union
	Appendix 18 General Court – Legal Aid Form
	Appendix 19 Conditions of use of e-Curia
Select bibliography
Index