Article 234 Procedure

1. THE ROLE OF THE EUROPEAN COURT OF JUSTICE

1.1 The composition of the ECJ

• The ECJ is made up of two courts
  1. The higher of the two courts is also known as the ECJ
  2. The lower court is known as the Court of First Instance
• The CFI was created in 1989 – has a key role in competition enforcement – appeal on point of law only from CFI to ECJ

1.2 The Jurisdiction of the ECJ

• The ECJ has a vital role in developing EC law, but enforcement is often the responsibility of the national courts.
• If national courts are faced with a question of interpretation of EC law, Art 234 EC enables/requires a national court to refer questions on EC law to the ECJ.

1.2.2 Direct action against institutions of the Community for Breaches

• Article 230 EC – The ECJ can review legality of Acts of other EC institutions

Case: Roquette Freres v Council [1980]
  o ECJ Annulled Council Regulation because it had failed to adequately consult Parliament
• Article 232 EC – The ECJ can review the failure of other institutions to take action when they are under a legal duty to do so
• Article 235 EC and Article 288 EC – ECJ can order institutions to pay damages if it judges this appropriate.

1.2.3 Direct actions against individuals for breach of EC Law

• Article 226 – the Commission has the right to bring MS before the ECJ to fulfil its Treaty obligations
• Article 227 – One MS has the right to bring another MS before the ECJ for failure to fulfil its treaty obligations (however must take matter to the Commission first)
• Article 228 – ECJ may , at the request of the Commission, impose a financial penalty on the MS that disobeys its judgement

1.2.4 Direct actions against individuals for breach of EC Law

• Cases can NEVER be brought against individuals in the ECJ.

2. THE COURT OF FIRST INSTANCE

• Deal with cases brought under Art 230 EC by individuals.

3. THE ROLE OF THE NATIONAL COURTS IN THE MS

• Individuals only have limited rights to...