The General Court (), informally known as the European General Court ( EGC), is a constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance.
Competence
The General Court has competence over the following cases.
- Actions for annulment brought by individuals
Such actions are brought by individuals against acts of the Union institutions. To be admissible, the act being challenged must either be directly addressed to the person; or be a regulatory act that directly affects that person and needs no further implementing measure to come into effect; or directly and individually concern the legal situation of the person bringing the case.
- Actions for annulment brought by EU member states
Such actions are brought by EU member states against acts of the European Commission. Sometimes acts of the Council of the EU can also be targeted, if they concern state aid, trade and anti-dumping issues or other acts where the Council exercises implementing powers.
- Actions for failure to act by individuals
These actions can be brought when a EU institution has been asked to act but has failed to do so.
- Actions for damages
Actions for the reparation of damage caused by unlawful conduct on the part of a Union institution.
- Actions based on an arbitration clause
Disputes concerning contracts in public or private law entered into by the Union, containing such a clause.
- Actions concerning the civil service (disputes between the Union and its officials and other servants) – from 2005 to 2016 these cases were transferred to the European Union Civil Service Tribunal, but returned to the General Court when its size was doubled.
- References for preliminary rulings
All such cases are initially brought before the Court of Justice, which can then transfer them to the General Court when they concern:
- VAT
- customs, excise duties or the tariff classification of goods
- greenhouse gas emissions trading
- passenger compensation
The Court of Justice does not transfer these cases, and instead rules itself, when they involve a decision of principle that may affect the unity or consistency of EU law.
- Staff cases
Cases where a member of the staff of an EU institution has a grievance towards its employer. Originally dealt with by the European Union Civil Service Tribunal, the General Court took them over when the Tribunal was dissolved on 1 September 2016.
All cases heard at first instance by the General Court may be subject to a right of appeal to the Court of Justice on points of law only. However, due to the high number of appeals lodged, a mechanism is now in place to filter them and allow only a few to reach the Court of Justice.
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|Paul Nihoul|| Belgium ||2016|| 2022
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|Geert De Baere|| Belgium ||2017|| 2025
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|Alexander Kornezov|| Bulgaria || 2016|| 2025
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|President of the Second Chamber
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|Tamara Perišin|| Croatia || 2019 || 2025||2022
|Vice-president of the General Court (2019–2022)
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|Anna Marcoulli|| Cyprus||2016||2022
|President of the Sixth Chamber
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|Petra Škvařilová-Pelzl|| Czech Republic || 2019|| 2025
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|David Petrlík|| Czech Republic || 2021|| 2025
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|Sten Frimodt Nielsen|| Denmark || 2007|| 2022
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|Jesper Svenningsen|| Denmark || 2016|| 2022
|President of the Eighth Chamber
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|Lauri Madise|| Estonia || 2013|| 2022
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|Iko Nõmm|| Estonia || 2019 || 2022
|President of the First Chamber<br />Vice-president of the General Court (2013–2016)
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|Tuula Pynnä|| Finland || 2019 || 2025|| 2025
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|Colm Mac Eochaidh|| Ireland || 2017|| 2025|| 2025||2022
|President of the Ninth Chamber
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|Juraj Schwarcz|| Slovakia || 2009|| 2022
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|TBA
| Slovakia
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|Maja Brkan|| Slovenia || 2021|| 2025
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|Damjan Kukovec
| Slovenia
|TBA
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|José Martín y Pérez de Nanclares|| Spain || 2019|| 2025
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|Miguel Sampol Pucurull|| Spain || 2019 || 2025
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|Koen Lenaerts
| Belgium
|25 September 1989
|6 October 2003
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|Bo Versterdorf
| Denmark
|25 September 1989
|17 September 2007
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|Jacques Biancarelli
| France
|25 September 1989
|18 September 1995
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|Donal Barrington
| Ireland
|25 September 1989
|10 January 1996
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|7 October 2021
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|Antonio Saggio
| Italy
|25 September 1989
|4 March 1998
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|25 February 2020
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|Vilenas Vadapalas
| Lithuania
|12 May 2004
|16 September 2013
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|Irena Wiszniewska-Bialecka
| Poland
|15 May 2004
|19 September 2016
| The Court's procedure includes a written phase and an oral phase. The proceedings are conducted in the language chosen by the petitioner. As in the European Court of Justice, the working language of the Court is nevertheless French, and this includes the language the judges deliberate in and the drafting language of preliminary reports and judgments.
The Court is separated into 9 divisions (called 'chambers') sat by 3-judge benches, except for the 7th division whose bench is sat by 4 judges. Each chamber has an extended composition of 5 judges. Cases are assigned by the President of the Court to a relevant divisional presiding judge. The presiding judge assigned to the case then chooses a judge-reporter (judge-rapporteur) from the judges of the division, whose clerks write a preliminary report (rapport préalable) based on the parties' pleadings and applicable law.
At the close of the written phase and, as the case may be, on adoption of measures of inquiry, the case is argued orally in open court. The proceedings are interpreted simultaneously, if necessary, into various official languages of the European Union. The judges then deliberate based on a draft judgment prepared by the judge-reporter. The Court's final judgment is handed down in open court.