The legal system of the European Union requires a clear understanding of how to access the Court of Justice of the European Union (CJEU), based in Luxembourg. The CJEU ensures that EU law is interpreted and applied uniformly across all Member States, safeguarding the legal integrity of the Union.
In this article, we will guide you through everything you need to know about the CJEU: what it is, how it is structured, who can bring a case before it, the different procedures available, and the practical steps required to access this key European institution.
What is the Court of Justice of the European Union (CJEU) and how does it work?
First and foremost, it is important to clarify that the CJEU is composed of two main bodies:
- The Court of Justice (also known as the European Court of Justice or ECJ) is the highest court in the EU legal system. It primarily deals with:
- Preliminary rulings (responding to questions from national courts about the interpretation of EU law),
- Infringement procedures (cases where a Member State is suspected of violating EU law),
- Appeals from the General Court.
- The General Court acts as a first instance court for certain types of cases. It handles:
- Annulment actions brought by individuals, companies, or Member States,
- Competition law cases involving fines or abuse of dominant position,
- State aid disputes and
- Claims for damages caused by EU institutions.
In recent years, the CJEU has introduced new procedural rules to simplify and modernize its processes. One of the most notable updates is the creation of a nine-judge chamber within the General Court. This chamber is now responsible for handling certain preliminary questions, especially those related to VAT and excise duties.
How the Court of Justice of the European Union is composed?
The Court of Justice of the European Union (CJEU) is made up of two main courts: the Court of Justice and the General Court. Each has its own composition and structure.
The Court of Justice consists of one judge from each EU Member State (currently 27) and 11 Advocates-General. These judges and Advocates-General are appointed by mutual agreement of the governments of the Member States for a renewable six-year term. Their role is to ensure the uniform interpretation and application of EU law across the Union.
In contrast, the General Court is also composed of one judge per Member State, but it does not include Advocates-General. Judges appointed to either court must be individuals of unquestionable independence and must possess the qualifications required for the highest judicial offices in their home countries. To ensure stable leadership, each court elects a president from among its judges for a renewable term of three years.
Who can bring a case before the Court of Justice of the European Union?
To know how to access the Court of Justice of the European Union, depends on the nature of the case. EU institutions, Member States, and individuals can bring cases before the court:
- Member States: Member States can bring cases when they believe another Member State has violated EU law.
- EU Institutions: The European Commission and the European Parliament can initiate actions before the CJEU.
- Individuals and companies: They can file claims directly with the General Court in cases involving the legality of EU acts that affect them directly.
What types of procedures exist to access the CJEU?
There are several procedural pathways to access the Court of Justice of the European Union (CJEU), depending on the nature of the legal issue involved:
- Preliminary rulings: This is the most common form of access. A national judge may refer a preliminary question to the Court to obtain an interpretation of EU law in relation to a case being heard at the national level:
- Step 1 – Submission to a national court: The national judge must identify that the case is linked to EU legislation.
- Step 2 – Referral to the CJEU: The national court submits the question to the CJEU, requesting clarification on the interpretation or validity of a European norm.
✅ This procedure guarantees uniform interpretation of EU law across all Member States and helps resolve legal uncertainty in national proceedings.
- Direct actions: These are lawsuits filed directly before the CJEU, either by EU institutions, Member States, or—in some limited cases—individuals. There are several types:
- Infringement action: A Member State or the European Commission may file a claim if they believe that another State has failed to comply with EU regulations, which may result in economic penalties.
- Action for annulment: This allows Member States, EU institutions, or individuals to request the annulment of a legislative act of the Union that they consider to be contrary to the Treaties (regulations, directives, and decisions).
- Action for failure to act: This action can be brought when an EU institution fails to adopt measures it is obliged to take under the Treaties.
- Appeals: A third route to the CJEU is through appeals, which are submitted in cases resolved by the General Court. These appeals focus solely on legal issues, not factual ones, aiming to review the legality of the General Court’s judgment.
📌 This mechanism offers an important opportunity to correct legal errors and uphold the coherence of EU jurisprudence.
Types of procedures to access the Court of Justice of the European Union (CJEU)
| 📝 Procedure type | 👤 Who initiates it | 🎯 Purpose | 📌 Characteristics |
|---|---|---|---|
| Preliminary ruling | National courts | To interpret or clarify EU law relevant to a case at the national level | – Submitted by national judges – Ensures uniform application of EU law |
| Infringement action | European Commission or Member State | To address a Member State’s failure to comply with EU obligations | – May lead to economic sanctions – Common in regulatory enforcement cases |
| Action for annulment | Member states, EU institutions, or individuals | To annul an EU legal act believed to violate the Treaties | – Challenges regulations, directives, or decisions – Strict admissibility criteria |
| Action for failure to act | Member states or institutions | To compel an EU institution to act when legally required | – Focuses on institutional inaction – Must prove failure to fulfill legal duty |
| 📤 Appeal | Parties to a General Court case | To review the legal correctness of a General Court judgment | – Only legal issues (not facts) – CJEU confirms, reverses, or modifies the decision |
How and when does the CJEU deliver its rulings?
Unlike national courts, the Court of Justice of the European Union (CJEU) does not operate on a fixed calendar. The duration of proceedings varies depending on the type of case. On average, most cases before the CJEU take between 16 and 24 months. However, preliminary rulings tend to be delivered more quickly, as they are essential for resolving ongoing national court cases.
The procedure follows two main stages:
- Written phase: The parties involved submit their legal arguments and supporting documents.
- Oral phase: A public hearing can take place, during which the parties present their positions before the judges.
Next, the Advocate-General issues an opinion, offering a legal analysis of the case. Although this opinion is not legally binding, it is often influential and carefully considered by the court.
Finally, the CJEU delivers a binding ruling that applies to all EU Member States. These decisions have a major impact on national legislation, judicial practice, and the uniform interpretation of EU law throughout the Union.
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