The EU Courts and competition law—practice and procedure
The EU Courts and competition law—practice and procedure

The following Competition practice note provides comprehensive and up to date legal information covering:

  • The EU Courts and competition law—practice and procedure
  • The General Court
  • Jurisdiction relevant to competition claims
  • Time limits
  • Procedure
  • Interim measures
  • The Court of Justice
  • Jurisdiction relevant to competition claims
  • Procedure
  • Preliminary ruling procedure
  • More...

The Court of Justice of the European Union has its seat in Luxembourg and consists of two courts: the Court of Justice and the General Court (the Civil Service Tribunal was merged into the General Court in September 2016).

The General Court and Court of Justice both hear cases involving EU competition law, including:

  1. appeals brought against decisions of the European Commission in relation to Articles 101 and 102 TFEU (infringement decisions, decisions rejecting complaints and procedural decisions taken during investigations)

  2. appeals brought against decisions of the European Commission in relation to Articles 107 to 109 TFEU (State aid) (decisions approving or refusing aid and also procedural decisions during investigations)

  3. appeals brought against decisions of the European Commission in relation to the EU Merger Regulation

  4. actions by the Commission before the Court of Justice against Member States for failing to comply with State aid decisions (eg failure to recoup illegal aid)

  5. references made to the Court of Justice from national courts on points of interpretation of EU law which have, for example, arisen in the context of private damages actions in competition claims and the parameters of the requirement of an effective remedy for competition infringements, and

  6. a claim for non-contractual damages against an EU institution in relation to a competition investigation.

The working language of the Courts is French, therefore all

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