The European Court is a complex institution based in Luxembourg.
In practice there are three Courts established in Luxembourg. (1) The Court of Justice of the European Communities (referred as the Court of Justice or the Court ) established already by the ESCS in 1952, (2) the Court of First Instance of the European Communities was established in 1989 to relieve the workload of the Court of Justice, (3) the European Civil Service Tribunal established in 2006 to take over the responsibility for labour law cases between the European institutions and its civil servants.
The task of the European Court is to ensure that EU legislation is interpreted and applied in the same way in all EU countries, and in the EU institutions.
The European Court has the power to settle legal disputes between EU
Member States, EU institutions, and in some limited cases between businesses and individuals.
Both the Court of Justice and the Court of First Instance is composed of 25 Judges, one per Member State, appointed for a term of six years, renewable, by the common accord of the governments of the Member State. The members of the Court are chosen from legal experts, practitioners or academics having great experience in EC law whose independence is beyond doubt. The Court of Justice is assisted by 8 Advocates-General, whose duties are to prepare the cases and summarize the relevant EC legislation and previous EC case law. Professional qualification and well established legal expertise, as well as independence are also requirements for the advocate generals. There are no permanent Advocates Generals attached to the Court of First Instance.
At both Courts the Judges select one among themselves to be President of the Court for a renewable term of three years. The President directs the work of the Court. Both Courts can sit as a Grand Chamber composed by 13 judges or in chambers of five or three judges.
The creation of the Court of First Instance created a judicial system based on two levels of jurisdiction: all cases heard at first instance by the Court of First Instance may be subject to a right of appeal to the Court of Justice on points of law only. The Court of First Instance is attached to the Court of Justice.
The European Court has competence mainly in the following areas (jurisdiction of the Court):
References for a preliminary ruling are specific to Community law. It emerges from the fact that all Member States and their national courts are responsible for ensuring that EC law is properly and equal applied in all Member States. The preliminary ruling procedure is to ensure the common interpretation of the EC law. If a national court in a legal dispute has any doubt about the interpretation or validity of an EU law it may, and sometimes must, turn to the Court of Justice for interpretation the legal provisions in the light of the EC law. That interpretation is given in the form of a preliminary ruling. The Court of Justice’s reply is not merely an opinion, but takes the form of a judgment or a reasoned order, which is binding for the national court and which should be applied in all Member State as a precedent.
In these proceedings the Court of Justice determines whether a Member State has fulfilled its obligations under Community law. The procedure is started by an administrative face launched by the European Commission by sending a letter of formal notice to the Members States concern drawing its attention to the infringement of EC law. Depending on the reply of the Member State, it is followed by a reasoned opinion and later by the start of the procedure before the Court of Justice. If the Court finds that the Member State has breached the EC law it declares it in its judgement. Is the Member State does not comply with that judgment, the Court may impose a fine on that country. It is important to note, that the European Commission often starts the infringement procedures on the basis of individual concerns.
In a procedure for annulment a measure (an EC legal norm such as regulations, directives, decisions) adopted by EU institution can be annulled. The case may be brought before the Court by a Member State, by the Community institutions (Parliament, Council, Commission) or by individuals to whom a measure is addressed or which is of direct and individual concern to them.
The Treaty requires the European Parliament, the Council and the Commission to make certain decisions under certain circumstances. If they fail to do so; the Member States, the other Community institutions and (under certain conditions) individuals or companies can present a complaint before the Court of Justice.
The Court of First Instanc e is responsible for giving rulings on certain kinds of case, particularly actions brought by private individuals, companies and some organisations, and cases relating to competition law.
The European Civil Service Tribunal , composed of seven judges, is attached to the Court of First Instance, its decisions may be subject to a right of appeal to the Court of First Instance, adjudicates in disputes between the institutions of the European Union and its civil service.
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