The rules (Statute) of the Court of Justice of the European Union (CJEU) have recently changed. The changes aim to enhance the EU judicial process and reduce the workload of the CJEU. The number of requests for preliminary rulings have increased significantly over the years. In cases concerning preliminary rulings, EU member state courts ask for the opinion of the CJEU on issues of EU law to help give a judgment in a national case.
Essentially, the changes in the Statute concern three parts:
- Transfer of jurisdiction for preliminary rulings in certain areas from the CJEU to the General Court (GC) as of 1 October 2024.
- Extension of the limitation of leave to appeal judgments from the GC to the CJEU as of 1 September 2024, particularly concerning judgments on a decision of an EU body, office or agency that already has an independent board of appeal.1
- Increase the transparency and openness of the preliminary ruling procedure.
From October 2024, the GC handles requests for preliminary rulings in six specific areas: cases concerning customs and taxation, including the Customs Code, VAT, excise duties, and the tariff classification of goods, and cases concerning compensation assistance to passengers and the emission trading system.
The CJEU will retain jurisdiction over requests for preliminary rulings that raise questions of principle, such as interpretation of the EU Treaties or the Charter of Fundamental Rights. The CJEU will also retain jurisdiction for cases about trade defence instruments (TDI).
These changes make the judicial process more efficient and strengthen the GC’s expertise in these areas. The GC has added a new chamber focussing on preliminary ruling requests.
The effect of this reform remains to be seen. However, the transfer of certain preliminary rulings to the GC could lead to faster and more specialized decisions, potentially making it easier for companies to bring cases and achieve favourable outcomes.
1 EU offices and agencies are bodies distinct from the EU institutions. There are 7 institutions and more than 30 agencies. The mechanism initially concerned the decisions of four boards of appeal: the European Union Intellectual Property Office (EUIPO), the Community Plant Variety Office (CPVO), the European Chemicals Agency (ECHA) and the European Union Aviation Safety Agency (EASA). On top of these four agencies, it now also concerns: the European Union Agency for the Cooperation of Energy Regulators (ACER), the Single Resolution Board (SRB), the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Union Agency for Railways (ERA).
