E.U.

Law_Course 13_The Court of First Instance

An independent Court attached to the Court of Justice
The Court of First Instance is currently composed of 27 Judges, at least one from each Member State.
The Judges are appointed for a renewable term of six years by common accord of the governments of
the Member States.
The Members of the Court of First Instance elect their President and the Presidents of the Chambers of
five Judges from among their number for a renewable period of three years.
There are no permanent Advocates General attached to the Court of First Instance. However, the task
of an Advocate General may be performed in a limited number of cases by a Judge nominated to do
so. In practice this has been done only very occasionally.
The creation of the Court of First Instance instituted 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.
In view of the increasing number of cases brought before the Court of First Instance in the last five
years, in order to relieve it of some of the caseload, the Treaty of Nice, which entered into force on 1
February 2003, provides for the creation of judicial panels in certain specific areas.
On 2 November 2004 the Council adopted a decision establishing the European Union Civil Service
Tribunal. This new specialized tribunal, composed of seven judges, will hear and determine at first
instance disputes involving the European civil service. Its decisions will be subject to a right of appeal
before the Court of First Instance on points of law only. Decisions given by the Court of First Instance
in this area may exceptionally be subject to review by the Court of Justice. The European Union Civil
Service Tribunal should be able to assume its functions some time in 2005.
The creation of a Community patent tribunal is currently being examined.
Plenary Sessions and chambers
The Court of First Instance sits in chambers composed of three or five Judges or, in certain cases, may
be constituted by a single Judge. It may also sit in a Grand Chamber or as a full court in particularly
important cases.
The Registry and the administration
The Court of First Instance appoints its own Registrar. The Registrar is appointed by the Judges of the
Court of First Instance for a term of six years.

For its administrative requirements, the Court of First Instance relies on the services of the Court of
Justice.
Composition
The judges carry out their tasks in a totally impartial and independent manner.
Unlike the Court of Justice, the Court of First Instance does not have permanent Advocates General.
However, that task may, in exceptional circumstances, be carried out by a Judge.
The Court of First Instance sits in Chambers of five or three judges or, in some cases, as a single
judge. It may also sit as a Grand Chamber (thirteen judges) or as a full court when the legal
complexity or importance of the case justifies it. Approximately three quarters of the cases brought
before the Court of First Instance are heard by a Chamber of three judges.
The Presidents of the Chambers of five judges are elected from amongst the Judges for a period of
three years.
The Court of First Instance has its own Registry, but uses the services of the Court of Justice for its
other administrative and linguistic requirements.
The Court of First Instance, like the Court of Justice, has the task of ensuring that the law is observed
in the interpretation and application of the Treaties constituting the European Communities and the
provisions adopted by the competent Community institutions.
In order to fulfill its main task, the Court of First Instance has jurisdiction to hear and determine at
first instance all direct actions brought by individuals and the Member States, with the exception of
those to be assigned to a judicial panel and those reserved for the Court of Justice.
Categories of direct actions
Actions

for

annulment

(against acts of the Community institutions)

Actions

for

failure

to

act

(against inaction by the Community institutions)

Actions

for

damages

(for the reparation of damage caused by unlawful conduct on the part of a Community institution)
Actions

based

on

an

arbitration

clause

(disputes concerning contracts in public or private law entered into by the Community, containing such
a clause)
Subject-matter of direct actions: all matters, including:

agriculture

State aid
competition
commercial policy
regional policy
social policy
institutional law
trade mark law
transport
Staff Regulations

From its creation in 1989 to 31 December 2004, the Court of First Instance has decided 4 182 cases.
Procedure before the Court of First Instance
The Court of First Instance has its own Rules of Procedure.
As a rule the Courts procedure includes a written phase and an oral phase.
The proceedings are in a language chosen by the applicant.
A Judge-Rapporteur is appointed at the beginning of each case by the President of the Court to follow
closely the course of the proceedings.
At the close of the written procedure 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, as necessary, into
different official languages of the European Union.
The Judges then deliberate on the basis of a draft judgment prepared by the Judge-Rapporteur. The
judgment is delivered in open court.