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Encyclopedia > Court of First Instance
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European Union

This article is part of the series:
Politics and government of
the European Union
Politics, sometimes defined as the art and science of government. ... Image File history File links European_flag. ... The European Union or EU is a supranational and intergovernmental union of 25 European states. ...

Three pillars The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ...

Pillar I: European Community
Pillar II: Common Foreign and Sec. Policy
Pillar III: Police and Judicial Cooperation

Political Institutions The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The Common Foreign and Security Policy or CFSP was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ... Police and Judicial Co-operation in Criminal Matters is the third of the three pillars of the European Union, focusing on co-operation in law enforcement and combating racism. ...

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Judiciary The European Commission (formally the Commission of the European Communities) is the executive body of the European Union. ... The President of the European Commission is notionally the highest ranking unelected official within the European Union. ... This article needs to be updated. ... The Barroso Commission is the European Commission that has been in office since 22 November 2004 and is due to serve until 31 October 2009. ... The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... The European Council, informally called the European summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission. ... Presidency of the Council of the European Union refers to the responsibility of presiding over all aspects of the Council of the European Union, when exercised collectively by a government, on a pre-established rota of the member states, of the European Union. ... The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ... The President of the European Parliament oversees all the activities of the European Parliament and its constituent bodies. ... Josep Borrell Josep Borrell Fontelles (born April 24, 1947) is a Spanish politician. ... A Member of the European Parliament (English abbreviation MEP) is a member of the European Unions directly-elected legislative body, the European Parliament. ... In five European Union Member States (Belgium, France, Ireland, Italy and the United Kingdom), the national territory is divided into a number of constituencies for European elections. ... Elections in the European Union gives information on election and election results in the European Union. ... Elections to the European Parliament were held from June 10, 2004 to June 13, 2004 in the 25 member states of the European Union, using varying election days according to local custom. ... Party groups in the European Parliament combine the MEPs from European political parties, informal European political blocs, and independents. ... The Standing Committees of the European Parliament are designed to aid the European Commission in initiating legislation. ...

Court of Justice
Court of First Instance
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Advisory bodies The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ... European Union Civil Service Tribunal, since December 2, 2005 a new specialised tribunal within the European Union institutional framework. ...

Economic and Social Committee
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Financial bodies The European Unions Economic and Social Committee is the consultative assembly of European social and economic partners. This phrase refers mainly to representatives of business, employers and trade unions. ... The Committee of the Regions (CoR) is an institution of the European Union created by the Treaty of Maastricht. ...

European Central Bank
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Decentralised bodies The ECB building in Frankfurt The European Central Bank (ECB) (French: Banque Centrale Europeénne, German: Europäische Zentralbank) The ECB is one of the worlds largest central banks, being in charge of fiscal and monetary policy for the European Unions official currency, the euro, which is - to... The European Investment Bank (the Banque Européenne dInvestissement) is the European Unions financing institution and was established under the Treaty of Rome (1957) to provide loan finance for capital investment furthering European Union policy objectives, in particular regional development, Trans-European Networks of transport, telecommunications and energy... The European Investment Fund, established in 1994, is a European Union agency for the provision of finance to SMEs (small and medium-sized enterprises). ...

Agencies of the EU

Law The agencies of the European Union (or decentralised bodies of the European Union) are bodies which are distinct from the European Unions institutions, in that they have not been created by the treaties but rather by acts of secondary legislation, in order to accomplish a very specific task. ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...

Acquis communautaire
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EU-related topics The French term acquis (or sometimes acquis communautaire) is used in European Union law to refer to the total body of EU law accumulated so far. ... The European Union legislative procedure describes the way the European Union creates and enacts legislation across the community. ... The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... A European Union Directive is the (mutually binding) collective decision made by the member states, acting through their national Government Ministers in the Council of the European Union and the Parliament. ... A European Union decision (defined in Article 249/EC) is one of the three binding instruments provide by secondary EU legislation. ... In European Union Law a recommendation Differs from regulations, directives and decisions, in that they are not binding for Member States. ... // Origins of the EU History of the European Union European Coal and Steel Community (ECSC) Euratom Single market. ...

Economic and Monetary Union
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This article covers the EMU of the European Union. ... The European Union (EU) was originally created by the six founding states in 1952, but has grown to its current size of 25 member states. ... Foreign relations of the European Union Foreign relations of Austria Foreign relations of Belgium Foreign relations of Cyprus Foreign relations of the Czech Republic Foreign relations of Denmark Foreign relations of Estonia Foreign relations of Finland Foreign relations of France Foreign relations of Germany Foreign relations of Greece Foreign relations... A European political party, or formally a political party at European level, is a type of political party organization in the European Union, eligible to receive funding from the Union. ... The majority of major political parties in Europe have aligned themselves into the pan-European political organisations listed below. ...

The Court of First Instance, created in 1989, is a court of the European Union. 1989 (MCMLXXXIX) was a common year starting on Sunday of the Gregorian calendar. ...

Contents


General remarks from the European Court of Justice Website

The Court of First Instance hears disputes (such as disputes brought by those refused a trademark by OHIM, the EU Trade Mark and designs registry). Appeals are sent to the European Court of Justice. The Court of First Instance is an independent Court attached to the European Court of Justice. A trademark (Commonwealth English: trade mark) is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ... The Office for Harmonization in the Internal Market (Trade Marks and Designs), or OHIM (Spanish: OAMI or Oficina de Armonizacion del Mercado Interior, German: HABM or Harmonisierungsamt für den Binnenmarkt, French: OHMI or Office de lHarmonisation dans le Marché Intérieur, Italian: UAMI or Ufficio per lArmonizzazione... The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ... The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...


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. This article is about law in society. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ...


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 February 1, 2003, provides for the creation of ‘judicial panels’ in certain specific areas. Nice Treaty The Treaty of Nice is a treaty adopted in Nice by the European Council to amend the two founding treaties of the European Union: the Treaty on European Union, or Maastricht Treaty, which introduced the Euro and the 3-pillar structure of the EU; the Treaty of Rome... February 1 is the 32nd day of the year in the Gregorian Calendar. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...


On November 2, 2004 the Council adopted a decision establishing the European Union Civil Service Tribunal. This new specialised 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 was duly constituted into law on December 2, 2005. November 2 is the 306th day of the year (307th in leap years) in the Gregorian Calendar, with 59 days remaining. ... It has been designated the: International Year of Rice (by the United Nations) International Year to Commemorate the Struggle against Slavery and its Abolition (by UNESCO) 2004 World Health Day topic was Road Safety (by World Health Organization) Year of the Monkey (by the Chinese calendar) See the world in... European Union Civil Service Tribunal, since December 2, 2005 a new specialised tribunal within the European Union institutional framework. ... December 2 is the 336th day (337th in leap years) of the year in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


The creation of a European Union Patent Tribunal is currently being examined.


Judges

The Court of First Instance is currently composed of 25 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. A judge or justice is an official who presides over a court. ...


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 (unlike the European Court of Justice which has 8 Advocates Generals). 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 position of Advocate General is well established in the French and Dutch legal systems where higher courts are assisted by these independent legal officers. ... The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...


Presidents of the Court of First Instance

  • José Luis Da Cruz Vilaça, (Portugal) (September 1, 1989 - September 18, 1995)
  • Antonio Saggio, (Italy) (September 18, 1995 - March 4, 1998)
  • Bo Vesterdorf, (Denmark) (March 4, 1998 - present)

Bo Vesterdorf, (b. ...

Jurisdiction

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 fulfil 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)

  • Actions concerning the civil service - As of 2006 these cases were transferred to the new Civil Service Tribunal

(disputes between the Community and its officials and other servants)

European Court of Justice
European Court of Justice

Subject-matter of direct actions: all matters, including: Image File history File links is: Myndin er háð höfundarrétti, rétthafinn er Evrópusambandið. Myndin er fengin af vefsíðu sambandsins þar sem kemur fram að leyfilegt er að nota myndina svo lengi sem vísað er til uppruna hennar en: European Court of Justice Source: Uploaded... Image File history File links is: Myndin er háð höfundarrétti, rétthafinn er Evrópusambandið. Myndin er fengin af vefsíðu sambandsins þar sem kemur fram að leyfilegt er að nota myndina svo lengi sem vísað er til uppruna hennar en: European Court of Justice Source: Uploaded...

  • agriculture
  • State aid
  • competition
  • commercial policy
  • regional policy
  • social policy
  • institutional law
  • trade mark law
  • transport

Procedure before the Court of First Instance

The Court of First Instance has its own Rules of Procedure. As a rule the Court’s 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.


References

  • Court of Justice of the European Communities

External links

  • Gateway to the Court of Justice of the European Communities
  • Official site of the Court of First Instance
  • Official site of the Civil Service Tribunal
  • ECJBlog.com, weblog with daily news about the European Court of Justice and Court of First Instance

  Results from FactBites:
 
Court of First Instance - Wikipedia, the free encyclopedia (814 words)
The Court of First Instance is an independent Court attached to the European Court of Justice.
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.
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.
EUROPEAN PARLIAMENT FACT SHEETS - 1.3.9. The Court of Justice and the Court of First Instance (1637 words)
The Court of Justice and the Court of First Instance
The Court of Justice requested that such a court be established in a Communication to the Council of 29 September 1987.
The CFI exercises at first instance the jurisdiction conferred on the Court of Justice:
  More results at FactBites »

 
 

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