Product details
- Categories: November 2020, Court of Justice of the EU
- Publisher: HART PUBLISHING
- ISBN: 9781841130538
- Publication Date: 29/10/2020
- Binding: Hardback
- Number of pages: 784
- Language: English
Summary
“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.
Table 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)