The rules of procedure govern the General Court’s internal organisation and how it conducts proceedings brought before it. The General Court has jurisdiction to rule on:

cases lodged by individuals or companies against acts of the European Union (EU) institutions which are addressed to them or that affect them directly and individually, including:
- cases on employment relations between the EU institutions and their staff,
- actions related to intellectual property rights;
actions brought by EU Member States against the European Commission;
actions brought by Member States against certain acts of the Council of the European Union;
actions seeking compensation for damage caused by EU institutions or bodies.

The practice rules complement the rules of procedure. They are designed to ensure that the latter are implemented properly and to ensure that court procedures run smoothly and efficiently.

KEY POINTS

Along with the Court of Justice, the General Court is one of the EU courts making up the Court of Justice of the European Union. Their purpose is to ensure a uniform interpretation and application of EU law.

Organisation of the General Court

Composition

Since 1 September 2019, as part of the reform of the EU’s judicial system introduced by Regulation (EU, Euratom) 2015/2422, the General Court comprises two judges from each Member State. From among themselves, the judges elect a president and a vice-president who serve for 3 years. Judges must exercise their functions impartially and independently. In exceptional cases, a judge can be given the role of Advocate-General*. Judges appoint a Registrar* for a term of 6 years.

Constitution of chambers

Cases brought before the General Court are heard by chambers sitting with three or five judges, or in some cases a single judge. Judges elect Presidents of chambers. For each case, one judge is appointed Judge-Rapporteur (who prepares the initial draft of the judgment). The General Court may also sit as a Grand Chamber (15 judges), when required due to the legal complexity or importance of a case.

The rules were amended in 2023, in part to ensure that the partial specialisation of the chambers decided on by the General Court does not become redundant when the composition of the chambers changes every 3 years.

General Court deliberations

The General Court deliberates in private. Following these discussions, the judges deliver a single judgment.

Language

The applicant may choose any of the EU’s 24 official languages for the case. This language is used in the written and oral arguments made by the parties and in the General Court’s communications with the parties.

Where an application submitted by an institution concerns a clause in a contract concluded by or on behalf of the EU, whether that contract be governed by public or private law, in accordance with Article 272 of the Treaty on the Functioning of the European Union, the language of the case must be the language of the contract. Where that contract has been drawn up in more than one language, the applicant may choose between them.

Rights and obligations of agents and lawyers

Agents (representing the Member States or the EU institutions) and lawyers enjoy immunity in respect of words that they speak or write concerning the case. Papers and documents relating to the proceedings may not be searched or seized.

Lawyers must produce a certificate of their authorisation to practise before a court of a Member State.

Procedure

The procedure may include some or all of the steps listed below.

Written phase (exchange of pleadings between the parties):
- An application by a lawyer or agent and sent to the Registry* opens the procedure. The main points of the action are published in a communication, in all official languages, in the Official Journal of the European Union.
- The registry serves the application on the defendant, who has 2 months to present a defence.
- In direct actions, in principle the applicant may submit a reply within a time limit, to which the defendant may respond with a rejoinder.
There are specific rules for the treatment of confidential information or documents concerning the EU’s security or that of Member States or the conduct of their international relations.
When a party considers that their identity should not be made public, they may request the General Court to ‘anonymise’ the relevant case, in whole or in part.
The General Court may decide to omit:
- the full names of natural persons, whether parties or third parties, and any other personal data of those natural persons mentioned in the documents and information which relate to a case and to which the public has access; or
- data other than personal data of natural persons mentioned in documents and information to which the public has access if there are legitimate reasons why those data should not be publicly disclosed.
Any person who can prove a legal interest in the result of a case submitted to the Court, as well as the Member States’ institutions, may intervene in the proceedings. The person can submit a statement supporting or rejecting the submissions of one of the parties, to which the parties may then respond.
Oral phase:
- At the request of one of the parties, or on its own initiative, the General Court may decide to hold a hearing. During the hearing, the judges may question the representatives of the parties. The judges then deliberate on the basis of the draft judgment prepared by the Judge-Rapporteur and the judgment is delivered in public.
- Legal aid may be granted to cover the costs of legal representation before the General Court.
Expedited (accelerated) procedure:
- This procedure allows the General Court to rule quickly on the substance of a dispute in cases considered to be particularly urgent. The accelerated procedure may be requested by the applicant or by the defendant. It can also be decided by the General Court on its own initiative.

Suspension or other interim measures

A proceeding before the General Court does not suspend a legal act which is being contested. The General Court may, however, order a suspension or order other interim measures if certain conditions are met. The order is provisional and does not prejudge the General Court’s decision in the main proceedings.

Litigation relating to intellectual property rights

This type of litigation concerns actions brought against the decisions of the European Union Intellectual Property Office on the application of intellectual property rights and against the decisions of the Community Plant Variety Office relating to the protection of plant variety rights.
The rules of procedure lay down procedures regarding the parties to the proceedings, the application and the responses.
Stakeholders other than the applicants may intervene during the procedure and have the same rights as the main parties.

Pilot case mechanism and joint hearings

Where two or more cases pending before the General Court raise the same issue of law, and the Court wishes to avoid those cases being dealt with in parallel, one or more of the cases may be delayed, pending the outcome of the case which, among them, best lends itself to the examination of that issue, which is identified as the pilot case.

Joint hearings of two or more similar cases can be organised to allow certain cases to be dealt with more efficiently.

Videoconferences

Where health, security or other serious reasons prevent a party’s representative from participating in a hearing in person, they may, upon request, be authorised to take part in the hearing by videoconference.

e-Curia

Since 2018, it is mandatory to use e-Curia, an application of the Court of Justice of the European Union which allows the representatives of parties in cases brought before the General Court to exchange procedural documents with the General Court’s Registry exclusively by electronic means.

Practice rules for the implementation of the rules of procedure

These explain, detail and supplement certain provisions of the rules of procedure. Many of the practice rules relate to aspects such as the lodging of procedural documents and items, to their presentation and translation and to interpretation at hearings.

Since 2015, they have been amended several times, most recently in November 2022, to supplement or adapt to the new rules on the treatment of data, on joint hearings and on videoconferencing for hearings. The latest amendments clarify the manner in which certain registry tasks are to be performed, particularly those relating to the keeping of the register, maintaining the case file and inspection of the case file, in particular in view of changes made during the COVID-19 pandemic. They also take on board developments arising from the digitising of the judicial process.

FROM WHEN DO THE RULES OF PROCEDURE APPLY?

The rules of procedure have applied since 1 July 2015. They replaced the original rules which dated from 2 May 1991. The latest amendments take effect from 1 April 2023.

The practice rules have also applied since 1 July 2015. The 2022 amendments take effect from 1 April 2023.

BACKGROUND

For further information, see:

General Court – presentation (Curia – Court of Justice of the European Union)
Court of Justice of the European Union (CJEU) (European Union).

KEY TERMS

Advocate-General (AG). AGs assist the Court of Justice of the EU by drafting impartial and independent opinions in cases assigned to them. Judges take into consideration these opinions before handing down their judgment (see Article 252 of the Treaty of the Functioning of the European Union and Article 19 of the Treaty on European Union). AG opinions are not binding, but are frequently followed by the Court. There are no permanent AGs at the General Court, although they may be appointed on an ad hoc basis.

Registrar. A person who is responsible for the acceptance, transmission and custody of all case-related documents and, under the authority of the President of the General Court, for the administration of the General Court (see Registry entry below).

Registry. A place for maintaining the case-files for pending cases, keeping the register in which all the procedural documents are entered and corresponding with the parties involved in cases.

MAIN DOCUMENTS

Rules of procedure of the General Court (OJ L 105, 23.4.2015, pp. 1–66).

Practice rules for the implementation of the Rules of Procedure of the General Court (OJ L 152, 18.6.2015, pp. 1–30).

Amendment to the Rules of Procedure of the General Court (OJ L 217, 12.8.2016, p. 71).

Amendment of the Rules of Procedure of the General Court (OJ L 217, 12.8.2016, p. 72).

Amendments to the Rules of Procedure of the General Court (OJ L 217, 12.8.2016, pp. 73–77).

Amendments to the Practice Rules for the implementation of the Rules of Procedure of the General Court (OJ L 217, 12.8.2016, pp. 78–80).

Amendments to the Rules of Procedure of the General Court (OJ L 240, 25.9.2018, p. 67).

Amendments to the Rules of Procedure of the General Court (OJ L 240, 25.9.2018, pp. 68–71).

Amendments to the Practice Rules for the implementation of the Rules of Procedure of the General Court (OJ L 294, 21.11.2018, pp. 23–43).

Amendments to the Rules of Procedure of the General Court (OJ L 44, 14.2.2023, pp. 8–14).

Amendments to the Practice Rules for the Implementation of the Rules of Procedure of the General Court (OJ L 73, 10.3.2023, pp. 58–66).

Title and reference

Rules of procedure of the EU’s General Court

SUMMARY OF:

WHAT IS THE AIM OF THE RULES OF PROCEDURE?

KEY POINTS

FROM WHEN DO THE RULES OF PROCEDURE APPLY?

BACKGROUND

KEY TERMS

MAIN DOCUMENTS

RELATED DOCUMENTS