Appeals Procedure

Appeals Procedure in Europe

Eu Appeals Procedure (Article 256(2) TFEU)

Content about Appeals Procedure from the publication “The ABC of European Union law” (2010, European Union) by Klaus-Dieter Borchardt.

The relationship between the Court of Justice and the General Court is designed in such a way that judgments of the General Court are subject to a right of appeal to the Court of Justice on points of law only. The appeal may lie on the grounds of lack of competence of the General Court, a breach of procedure which adversely affects the interests of the appellant or the infringement of Union law by the General Court. If the appeal is justified and procedurally admissible, the judgment of the General Court is rescinded by the Court of Justice. If the matter is ripe for a court ruling, the Court of Justice may issue its own judgment; otherwise, it must refer the matter back to the General Court, which is bound by the Court of Justice’s legal assessment.

Context of Appeals Procedure in the European Union

A similar system now exists between between the specialised courts and the General Court, with the General Court examining the decisions of the specialised courts as a sort of court of appeal. The (appellate) decision of the General Court can, in turn, be re-examined by the Court of Justice, although only under special circumstances.


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