The General Court in Europe

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

Like all courts, the Court of Justice is overburdened. The number of cases referred to it has increased steadily and will continue to grow, given the potential for disputes that has been created by the huge number of directives which have been adopted in the context of the single market and transposed into national law in the Member States. The signs are already there that the Treaty on European Union has raised further questions which will ultimately have to be settled by the Court. This is why, in 1988, a General Court was established to take the pressure off the Court of Justice.

Context of The General Court in the European Union

The General Court is not a new Union institution but rather a constituent component of the Court of Justice. Nevertheless, it is an autonomous body separate from the Court of Justice in organisational terms. It has its own registry and rules of procedure. Cases handled by the General Court are identified by means of a ‘T’ (= Tribunal) (e.g. T-1/99), whilst those referred to the Court of Justice are coded with a ‘C’ (= Court) (e.g. C-1/99).

More about The General Court in the European Union

The General Court consists of 27 ‘members’ whose qualifications, appointment and legal status are subject to the same requirements and conditions as judges at the Court of Justice. Although their main function is to sit as ‘judges’, they may also be appointed as ‘Advocates General’ on an ad hoc basis in cases before the full Court, or in cases before one of the Chambers if the facts of the case or its legal complexity require this. This facility has been used very sparingly up to now.

Other Aspects

The General Court sits in Chambers of five or three judges or, in certain cases, a single judge. It can also sit as a Grand Chamber (13 judges) or as a full Court (27 judges) if required by the legal complexity or significance of a case. Over 80 % of the cases before the Court are heard by a Chamber of three judges.

Details

Although the General Court was originally responsible for only a limited range of cases, it now has the following tasks.

_At first instance, i.e. subject to the legal su