EU Procedural Law

by Lenaerts, Koen; Gutman, Kathleen; Nowak, Janek Tomasz

• ISBN13: 9780198833086
• ISBN10: 0198833083
• Edition: 2nd
• Format: Hardcover
• Copyright: 2023-12-07
• Publisher: Oxford University Press

Summary

EU Procedural Law provides a rigorously structured analysis of the system of judicial protection in the European Union and the procedure before the Union Courts (the Court of Justice and the General Court). It examines the various types of proceedings which may be brought before the Union Courts, such as the actions for infringement, annulment, failure to act, and damages, along with special forms of procedure involving, for example, interim relief, appeals, staff cases, and intellectual property rights. It also addresses the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between European Union law and the national procedural and remedial frameworks more generally. Throughout, this book takes account of important jurisprudential and institutional developments, including the restructuring of the EU judicial system and reforms in the procedure of the Union Courts.

In its second edition, this thoroughly updated work will continue to be the first port of call for practitioners, civil servants, and academics seeking guidance on the various components of EU procedural law.

Author Biography

Koen Lenaerts, President of the Court of Justice, European Union,Kathleen Gutman, Référendaire at the Court of Justice, European Union,Janek Tomasz Nowak, Member of the Brussels Bar,

Koen Lenaerts is President of the Court of Justice of the European Union and Professor of European Union law at Leuven University (KU Leuven). Since 2003, he has been a Judge of the Court of Justice of the European Union. From 2012 to 2015, he was Vice-President of the Court of Justice, and, since 8 October 2015, he has served as the President of the Court of Justice. Previously, from 1989 to 2003, he was a Judge of the General Court (formerly the Court of First Instance). He holds a Lic. Jur. and a Ph.D. in Law from Leuven University. He also holds a Master of Laws (LL.M.) and a Master in Public Administration (M.P.A.) from Harvard University. He is a member of the boards of several internationally recognized legal journals, and has published extensively on issues of EU procedural, institutional and substantive law. He is the co-author of the first edition of EU Procedural Law.

Kathleen Gutman is a Référendaire (Legal Secretary) at the Court of Justice of the European Union. She holds a Ph.D. in Law and a Master of Arts (M.A.) in European Studies from Leuven University (KU Leuven). She also holds a Juris Doctor (J.D.) and Master of Laws (LL.M.) in International and Comparative Law from Duke University School of Law. She previously worked as a summer associate at the Brussels office of Van Bael & Bellis, litigation associate at the New York office of Jones Day, Assistant Professor of European Union law at Antwerp University, and Visiting Professor and Senior Affiliated Researcher at the Institute for European Law, Leuven University (KU Leuven). Her research and practice focus on the fields of EU procedural and institutional law. She is the co-author of the first edition of EU Procedural Law.

Janek Tomasz Nowak is a member of the Brussels Bar and Guest Professor at the Free University of Brussels (VUB). He holds a Ph.D in Law from Leuven University (KU Leuven), a Lic. Jur. and Cand. Jur. from Antwerp University, and a Master of Laws (LL.M.) from King's College London. Since 2021, he has been an associate at the Brussels office of & De Bandt. He previously worked as a Junior Researcher at the Institute for European Law, Leuven University (KU Leuven), Research Fellow at the Max Planck Institute Luxembourg, and Visiting Lecturer in European Union law at Management Center Innsbruck (MCI), Austria. His research and practice focus on the fields of EU and Belgian procedural, regulatory, and competition law. He is the editor of the first edition of EU Procedural Law.

Table of Contents

1. General Introduction
Part I: The Judicial Organization of the European Union
2. The Union Judicial System
3. Cooperation between National Courts and the Court of Justice: The Reference for a Preliminary Ruling
4. Union Law and Member State Procedures and Remedies
Part II: Enforcement of Union Law
5. The Action for Infringement of Union Law by a Member State
6. Preliminary Rulings on the Interpretation of Union Law
Part III: Protection Against Union Acts
7. The Action for Annulment
8. The Action for Failure to Act
9. The Objection of Illegality
10. Preliminary Rulings on the Validity of Union Acts
11. The Action for Damages
12. Applications for an Opinion on the Compatibility with the Treaties of an International Agreement To Be Concluded by the Union
Part IV: Special Forms of Procedure
13. Proceedings for Interim Measures Before the Union Courts
14. Proceedings for Authorization to Serve a Garnishee Order on the Union
15. Jurisdiction of the Union Courts to Give Judgment pursuant to an Arbitration Clause or a Special Agreement
16. Proceedings Brought by Officials and Other Servants of the Union (Staff Cases)
17. Jurisdiction of the Union Courts Over Disputes Relating to Intellectual Property Rights
18. Unlimited Jurisdiction of the Union Courts in Respect of Actions Relating to Sanctions
19. Appeals
20. The Review Procedure
21. Jurisdiction of the Union Courts Under Conventions Concluded by the Member States
Part V: Procedure Before the Union Courts
22. Start of the Procedure
23. Incidental Elements of the Procedure
24. Main Elements of the Procedure
25. Conclusion of the Procedure