ENGLISH

European Court Procedure: A Practical Guide

By Viktor Luszcz

Book information

Publisher
Hart Publishing
Year
2020
ISBN
9781841130538, 9781782257769, 9781509900916
Language
english
Format
PDF
Filesize
9 MB (9510482 bytes)
Pages
\779
Time added
2023-05-22 04:48:47

Description

The General Court’s Rules of Procedure of 2015, as well as the re-establishment of a two-tier EU judiciary in 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 since the completion of these reforms and explains their effect on the Courts’ practice. Written by référendaires of the EU Courts and lawyers of the European Commission with a combined experience of 70 years, 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 enables litigants to enforce their rights under EU law against European institutions, Member States or private parties. European Court Procedure is thus a comprehensive reference tool for practising lawyers, helping them to present their cases effectively while offering valuable guidance to national judges dealing with cases relating to points of EU law. Built around a structure that facilitates its use as a teaching material, the book provides valuable insights into the reasoning process of the EU Courts. Foreword About the Authors Abbreviations Outline Contents Detailed Contents Table of Treaties, Conventions and EU Legislation 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) Part 2. Enforcement of EU Law against Member States and Private Parties 2.1. Infringement Actions (Kristof) 2.2. Preliminary Rulings on Interpretation (Geulette) Part 3. Protection against Acts of the EU 3.1. Action for Annulment (Luszcz) 3.2. Action for Failure to Act (Bottka) 3.3. Action for Damages (Farley) 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) 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) Index

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