Court of Justice—appeals

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This Overview guides practitioners to the competition practice content on appeals to the Court of Justice of the European Union, with links to procedural rules, decisions and tools.

Appeals play a role in ensuring consistent interpretation of EU competition law and in delimiting the General Court’s review of Commission decisions in antitrust, merger and State aid. They are confined to points of law and provide the final avenue of judicial scrutiny in Luxembourg.

Practitioners should focus on: admissibility (who may appeal, effect of interveners, and the consequences of partial success below); time limits and service requirements; form and content of the notice and grounds; and the scope of the Court’s review. The Statute of the Court and the Rules of Procedure govern permissible grounds - lack of jurisdiction, procedural irregularity affecting the appellant’s interests, and infringement of EU law. Factual findings are not revisited save for distortion of the evidence or failure to state reasons. The standard applied to complex economic assessments, the intensity of review of fines, and rights of defence are recurrent themes.

Key practical issues also include cross - appeals, intervention at the appeal stage, expedited...

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