General Court (European Union)

The General Court has jurisdiction to hear direct actions brought by natural or legal persons against acts of EU institutions, bodies, offices, and agencies, as well as actions brought by member states against the European Commission and the European Council in specific areas. It also hears disputes concerning EU trademarks and plant variety rights, and actions for damages arising from non-contractual liability. Its decisions can be appealed to the Court of Justice on points of law only, ensuring a two-tier judicial system within the EU.

The court's role is to ensure that EU law is respected and that individuals and businesses have access to justice when their rights are affected by EU measures. It has become a key forum for competition law cases, state aid disputes, and trade defense matters, often involving complex economic and technical assessments.

The General Court consists of at least one judge per member state, currently 54 judges, appointed by common accord of the governments of the member states for a renewable six-year term. Judges elect their President and Vice-President, and the court sits in chambers of three or five judges, with a Grand Chamber for particularly complex cases. The court may also sit as a full court in exceptional circumstances.

Procedure before the General Court is governed by its Rules of Procedure, which provide for a written phase and an oral hearing. The court may also adopt interim measures and expedited procedures in urgent cases. Since 2015, the court has been gradually increasing its number of judges to cope with a growing caseload, particularly in intellectual property and competition matters.

The General Court has delivered landmark rulings that have shaped EU law and policy. In Microsoft v Commission (2007), it upheld a record fine for abuse of dominant position, affirming the Commission's enforcement powers. In Intel v Commission (2014), it annulled a €1.06 billion fine, but the Court of Justice later set aside that judgment and referred the case back. The court has also addressed state aid, such as in Apple v Commission (2020), where it annulled a Commission decision on Irish tax benefits, a ruling later overturned on appeal.

Beyond high-profile cases, the court handles numerous disputes on EU trademarks, plant variety rights, and access to documents, contributing to the development of EU administrative law. Its judgments often clarify the scope of fundamental rights within the EU legal order.

The General Court's origins trace back to the Single European Act of 1986, which aimed to reduce the Court of Justice's workload. Initially, it had only 12 judges and limited jurisdiction, but its competence has expanded over time. The court's judges are not required to hold specific qualifications, but they are typically legal scholars or practitioners with expertise in EU law.

One notable feature is the use of 'advocates general' in the General Court, a role borrowed from the Court of Justice, though not always mandatory. The court also has a specialized 'European Union Civil Service Tribunal' that operated from 2005 to 2016, handling staff disputes, before being dissolved and its jurisdiction transferred back to the General Court. Additionally, the court's decisions are published in the Official Journal and are accessible online, but its deliberations are secret, and judgments are delivered in the language of the case.

Court of Justice of the European Union

The judicial institution of the EU, comprising the Court of Justice, the General Court, and specialised courts.

Direct action

A legal action brought directly before a court, as opposed to an appeal from a lower tribunal.

Non-contractual liability

Liability of the EU for damage caused by its institutions or servants in the performance of their duties.

State aid

Advantage granted by a member state to certain undertakings, which may distort competition and is regulated by EU law.

Advocate General

A legal advisor who presents an independent opinion in cases before the Court of Justice or the General Court.