The Court of First Instance of the European Communities

This book aims to give a useful and concise account of the reasons which led to the creation of the New Court of First Instance and of the considerations which had to be balanced as to what should be its jurisdiction, how it should be composed, to what extent its decisions should be subject to review by the European Court of Justice. Conversely, in the closing chapters, the author considers some of the problems which may still need to be resolved - should the jurisdiction of the Court of First Instance be extended; will one "CFI" with the existing Court be enough to deal with the likely, perhaps inevitable, increase in cases before the European Court of Justice; what will be the real participation of the Advocate General; how can fact-finding be changed or improved; and what will be the effect of the European Court's ruling on the points of law in one case on other cases which come later before the CFI?. These are questions of interest to the development of the jurisdiction of the European Court and the Court of First Instance. For the practitioner, this book has a more immediate value, since many cases - staff, competition, coal and steel - will have to be continued (from their commencement in the European Court of Justice) or begun before the new Court. The author explains clearly and directly the procedures now to be applied before the new Rules of Procedure (to be agreed by the Court and needing unanimous approval of the Council) are adopted. He brings together the provisions of the Treaty, the Decision establishing the Court of First Instance, the Statutes of the Court of Justice and the Court of Justice's Rules of Procedure to show how cases are to be commenced, and what are the steps to be followed at each stage of the case. Many of these steps are laid down in the European Court's Rules of Procedure. Since, however, these are to be applied "mutatis mutandis", it is valuable for the practitioner, particularly one not a regular at the European Court, to have the views of this experienced author as to how these rules are likely to be applied.

Table of Contents:
Part 1 The establishment of the CFI: historical background; measures for the establishment of the CFI - the new article 168a of the treaty; other measures for the establishment of the CFI; commencement of operation of the CFI. Part 2 The composition and organization of the CFI: the members; the president; advocates general; sittings of the CFI, plenary sessions and chambers; the registrar; administrative organization. Part 3 The jurisdiction of the CFI: introduction; staff cases; coal and steel cases; EEC competition cases; related damages claims; plea of illegality; interim relief; matters excluded from the jurisdiction of the CFI; impact of the transfer of jurisdiction to the CFI. Part 4 Procedure before the CFI: the legislative framework; outline of procedure before the CFI - general matters; the normal stages of procedure; special forms of procedure; unresolved matters regarding the procedure of the CFI. Part 5 Appeals to the ECJ: matters subject to appeal; persons entitled to appeal; time for appeal; grounds of appeal; suspensory effect; the decision of the ECJ on the appeal. Part 6 Procedure on appeal to the ECJ: representation; languages; written procedure; particular procedural matters; oral procedure; costs. Part 7 Aspects of case-law concerning the CFI: introduction; authority of the CFI; precedent; methods of interpretation; general principles of law. Part 8 Prospects for the future: practical arrangements for the CFI; the rules of procedure of the CFI; the effect on the ECJ; the jurisdiction of the CFI. Appendices: treaty provisions concerning the CFI introduced by the single European Act; decision establishing the CFI; rules of procedure applicable before the CFI; rules of procedure governing appeals to the ECJ.