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The EU’s General Court bestowed with new responsibilities

On September 1, 2024, the Court of Justice of the European Union (CJEU) embarked on a significant overhaul aimed at alleviating its burgeoning caseload and expediting the handling of preliminary rulings.

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EU’s General Court Hammer

This ambitious reform, which took effect on October 1, 2024, saw the transfer of jurisdiction over certain preliminary rulings to the General Court of Justice of the European Union (EGC). The EGC now presides over cases involving VAT, excise duties, customs, tariff classifications, passenger rights, and greenhouse gas emissions trading. Under the new system, the EGC shares the responsibility for preliminary rulings with the CJEU, which retains authority over more complex cases that impact the unity and consistency of Union law. Requests for preliminary rulings must still be submitted to the CJEU, which will then evaluate and determine the appropriate forum for handling each request.

The reforms also introduce new procedural rules, mandating that the European Parliament, the Council, and the European Central Bank be notified of all preliminary ruling requests. In a bid to enhance transparency, statements or written observations submitted by interested parties in preliminary reference cases will be published on the CJEU’s website.

Moreover, the reform expands the CJEU’s mechanism for reviewing appeals by establishing six new independent boards of appeal, bringing the total to ten. These changes are designed to bolster efficiency while safeguarding the consistency of Union law.

In essence, these reforms represent a concerted effort to streamline the EU’s judicial processes, ensuring that justice is not only done but done swiftly and transparently.

Davinia Cutajar
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Davinia Cutajar

Davinia Cutajar is a partner at WH Partners and the international secretary of the Malta Chamber of Advocates (Il-Kamra tal-Avukati) and an Officer of the International Bar Association (IBA)’s Negligence and Damages Committee. Her main areas of practice are dispute resolution and corporate law. She also advises on corporate governance and AML compliance.

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Emma Mifsud
About the author

Emma Mifsud

Emma is a trainee lawyer who joined the firm in the summer of 2023.

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