Ulteriori informazioni
This book describes the rules governing appeals before the Court of Justice of the European Union. The appeal is the judicial remedy by which a party may contest a decision of the General Court of the European Union. It concerns matters in which the Tribunal has jurisdiction such as, competition, mergers, state aids, access to documents, restrictive measures, EU staff, trade marks, and other areas of intellectual property.
This form of judicial remedy was created just over 25 years ago. It is specific to the ECJ, and can only be learned through the case-law. This book is a description of the case-law, and of the rules that the lawyers pleading appeal cases are required to know.
Sommario
- 1: The Creation of the Court of First Instance and of the Appeal
- 2: The Concept of an 'appeal'
- 3: Decisions Open to Appeal
- 4: Contesting the Admissibility of the Action at First Instance
- 5: The Effects of Appeals
- 6: The Parties to Appeal Proceedings
- 7: Review Confined to Points of Law
- 8: Grounds of Appeal
- 9: Consequences of a Finding that the Plea/Appeal is Well Founded
- 10: Cross-appeals
- 11: The Procedure Before the Court of Justice
- 12: Appraisal of the Current Situation and Future Prospects
Info autore
Since 1987 Caroline Naômé has been an official of the Court of Justice of the European Union, serving first with the Research and Documentation Division and, since 1994, as référendaire for several Members of the Court (M. W. van Gerven, Advocate General, M. Leif Sevón, Judge, and M. A. Rosas, Judge). She practised EU law at the Liège Bar (Belgium) between 1980 and 1987. She holds a Lic. Dr. and a Lic. Spéc. Dr. Economique from the University of Liège and an MBA from the Open University.
Riassunto
This book will specifically address the procedure applicable to appeals to the Court of Justice. It will offer a structured and comprehensive synthesis and analysis of the relevantprovisions of the Court's Statute and Rules of Procedure, as well as the case law, much of which has been hitherto unavailable in English.
Testo aggiuntivo
Erudite yet accessible, here is a work of reference which will undoubtedly prove itself useful and certainly enlightening to any lawyer tasked with the handling of an appeals process.
Relazione
Erudite yet accessible, here is a work of reference which will undoubtedly prove itself useful and certainly enlightening to any lawyer tasked with the handling of an appeals process. Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber