Remedies and Procedures before the EU Courts enables the readers to find a way amongst the myriad provisions that govern the system of remedies and the proceedings before the three constituent courts of the Court of Justice of the European Union (CJEU), as they present a major challenge to European practitioners. This is a reliable, thorough guide to the relevant statutory provisions and rules of procedure written by one of Europe’s foremost jurists. For every kind of case and any situation likely to arise, the book clearly explains which rules apply and how to proceed. Being fully up-to-date, the book covers the renewed rules of procedure of the Court of Justice, the General Court, and the Civil Service Tribunal, as well as updated provisions and practice directions.
What’s in this book:
From foundations and principles to specific rules on evidence, damages, failure to act, preliminary rulings, interim measures, and much more, the book covers all essential elements of CJEU procedure, including the following: division of competences between the Union courts;
- rules regarding anonymity;
- practice rules for the implementation of rules of procedure;
- service of documents;
- setting and extension of time limits, hearings, witnesses, and experts;
- deposit and recovery of sums;
- rules applying to the chamber system;
- assignment of cases;
- application of competition rules, rules on state aid, and rules on trade protection;
- rules in cases concerning intellectual property rights;
- rules in actions brought on the basis of an arbitration agreement;
- rules governing access to documents;
- delimitation of jurisdiction between the CJEU and national courts;
- expedited procedures; and
- scope of the rules on costs.
Each chapter ends with a list of further readings.
This book offers a comprehensive description of the composition and organization of the EU courts together with a focus on the extensive treatment of remedies available in the these courts and how to secure them.
How this will help you:
The book helps the practitioner gain a complete awareness of the applicable rules of procedure, and any lawyer seeking appropriate remedies in any case before the CJEU will benefit enormously from this book – whether used as a hands-on manual in particular cases or absorbed over time. It allows the user to proceed confidently in dealing with issues regarding assignment of cases, remedies, jurisdiction, annulment, appeal, illegality, failure to act, damages, preliminary ruling, legal aid, intervention, time limits, pleas, judgments, interim measures, access to documents, etc. The book is sure to serve as an essential resource for many years to come.
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List of Abbreviations.
Note for the Reader.
1. The Court of Justice of the European Union.
2. Jurisdiction of the Union Courts.
3. The Reform of the Union Courts.
4. Foundations and Principles of EU Procedural Law.
5. The Action for Annulment.
6. The Action for Annulment by Private Applicants.
7. The Objection of Illegality.
8. The Action for Failure to Act.
9. The Action for Damages.
10. The Preliminary Ruling Procedure.
11. Parties, Representation and Legal Aid.
14. Procedural Time Limits.
15. The Written and Oral Procedure.
16. Pleas and Conclusions.
17. Measures of Inquiry and of Organisation of Procedure.
18. Procedural Incidents.
19. Judgments and Orders.
20. Interim Measures.
22. Expedited and Urgent Procedures.
24. EU Procedural Law and Effective Legal Protection.
Table of Articles.
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