Court of First Instance
From Wikipedia, the free encyclopedia
- For the civil court in France, see Tribunal d'instance.
- For the High Court of Hong Kong, see Court of First Instance (Hong Kong).
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The European Court of First Instance, created in 1989, is a court of the European Union.
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[edit] 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.
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 February 1, 2003, provides for the creation of ‘judicial panels’ in certain specific areas.
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.
The creation of a European Union Patent Tribunal is currently being examined.
[edit] 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.
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.
[edit] Presidents of the Court of First Instance
| Year | Presidents of the Court of First Instance |
|---|---|
| 1989–1995 |  José Luis Da Cruz Vilaça |
| 1995–1998 |  Antonio Saggio |
| 1998–present |  Bo Vesterdorf |
[edit] 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.
[edit] 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)
Subject-matter of direct actions: all matters, including:
- agriculture
- State aid
- competition
- commercial policy
- regional policy
- social policy
- institutional law
- trade mark law
- transport
[edit] 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.
