Court of Justice of the European Union (CJEU)
Der Court of Justice of the European Union (CJEU) is the highest court of the European Union (EU) and is based in Luxembourg. It is the central institution ensuring the uniform interpretation and application of EU law in the Member States. The CJEU ensures that EU law is observed and, through its case law, plays a decisive role in the further development of the European legal framework.
Tasks and competencies of the Court of Justice of the European Union
Interpretation and application of EU law
The CJEU guarantees the uniform interpretation and application of the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU), the Charter of Fundamental Rights of the European Union, as well as the legal acts enacted on their basis.
Preliminary ruling procedures
One of its main tasks is the preliminary ruling procedure under Art. 267 TFEU. National courts can — and in certain cases must — refer questions to the CJEU regarding the interpretation or validity of EU law. The decision of the CJEU is binding on the referring national court, thereby ensuring uniform legal application in all Member States.
Infringement proceedings
The CJEU rules on infringement proceedings brought by the European Commission or a Member State against another Member State for breaches of EU law. The procedure is regulated in Art. 258 et seq. TFEU. If an infringement is found, the CJEU may impose binding sanctions.
Actions for annulment and failure to act
Institutions, Member States, and under certain conditions, natural and legal persons can file actions for annulment (Art. 263 TFEU) and actions for failure to act (Art. 265 TFEU) before the CJEU. The aim is to have acts of EU bodies declared invalid or to establish the inaction of a body.
Appeal proceedings
The CJEU has jurisdiction over appeals against decisions of the General Court (formerly the Court of First Instance). In this way, a two-tier legal protection within the European judiciary is ensured.
Structure and organization of the Court of Justice of the European Union
Composition
The CJEU is composed of one judge from each EU Member State, currently 27 judges, as well as Advocates General, whose number is fixed at eleven. The judges and Advocates General are appointed by the governments of the Member States by mutual agreement for a term of six years. Reappointment is permitted.
President and Vice-President
The CJEU elects a President and a Vice-President from its members for a three-year term. The President represents the Court externally, presides over court hearings, and oversees the deliberations of the judges.
Chambers and Grand Chamber
Judicial tasks are undertaken in chambers of three, five, or fifteen judges. Particularly important or complex cases can be referred to the Grand Chamber of fifteen judges or to the full court.
Proceedings before the Court of Justice of the European Union
Oral and written procedure
The Rules of Procedure of the CJEU set out in detail the proceedings before the court, involving both written and oral phases. The proceedings are in principle public, unless confidentiality is required.
Role of the Advocates General
The Advocates General prepare independent opinions (Conclusions) on the cases assigned to them. These are not binding on the CJEU, but in practice have significant influence on the final judgments.
Significance of the CJEU for EU law
Development of European primary and secondary law
Through its judgments, the CJEU decisively shapes the development of EU law. It establishes key legal principles such as the direct applicability of EU law and its primacy over national law.
Protection of fundamental rights
As guardian of the EU Charter of Fundamental Rights, the CJEU ensures the protection of fundamental rights at the European level. The Court’s decisions concerning the relationship between national constitutions and EU law are of immense practical legal importance.
Impact on national law
Judgments of the CJEU are binding on national courts and require, if necessary, the adaptation of national law to EU law. The influence of the Court thus extends to the entire European legal order.
Distinction: Court of Justice of the European Union
Der Court of Justice of the European Union should be understood as an umbrella term and encompasses both the Court of Justice of the European Union (CJEU) and the General Court (formerly: Court of First Instance) and — for specific disciplinary cases — specialized courts (which no longer exist).
Legal basis and seat of the CJEU
- Seat: Luxembourg
- Legal basis: Art. 19 TEU, Art. 251 et seq. TFEU, Statute of the Court of Justice of the European Union
Literature and further information
- Treaty on European Union (TEU)
- Treaty on the Functioning of the European Union (TFEU)
- Charter of Fundamental Rights of the European Union
- Website of the Court of Justice of the European Union (curia.europa.eu)
- Case law database of the CJEU
Der Court of Justice of the European Union (CJEU) is, with its comprehensive case law, a cornerstone of the European legal system. Its decisions ensure the coherence and further development of EU law and guarantee the uniform applicability of the European legal order in the Member States.
Frequently asked questions
What role does the Court of Justice of the European Union (CJEU) play in the interpretation of EU law?
The Court of Justice of the European Union (CJEU) plays a central role in the interpretation and application of EU law. It ensures that EU law is interpreted and applied uniformly in all Member States. This is achieved in particular through the preliminary ruling procedure under Art. 267 TFEU: National courts can (under certain conditions: must) refer questions to the CJEU when they have doubts regarding the interpretation of primary or secondary law or concerning the validity of acts of EU bodies. The interpretation laid down by the CJEU is binding on all national courts and ensures that EU law is not interpreted differently, which considerably increases legal certainty within the Union. Furthermore, an authoritative interpretation of the law is also carried out by the CJEU in infringement proceedings or in cases brought against EU bodies.
What types of proceedings can be brought before the CJEU?
Various types of proceedings can be brought before the CJEU, including preliminary ruling procedures, infringement proceedings, actions for annulment, actions for failure to act, and staff cases. The preliminary ruling procedure allows national courts to submit questions to the CJEU regarding the interpretation or validity of EU legal acts. Infringement proceedings are generally initiated by the European Commission against a Member State that is in breach of EU law. The action for annulment enables certain bodies and (under certain conditions) individuals to have the legality of acts of EU institutions reviewed. The action for failure to act allows for a review of whether EU bodies have unlawfully failed to act. Staff cases serve to resolve disputes under civil service law between the EU and its staff.
What binding effect do CJEU decisions have for German courts?
Decisions of the CJEU have immediate binding effect on German courts. This applies in particular to judgments rendered in the context of the preliminary ruling procedure. The national courts must apply EU law in accordance with the interpretation of the CJEU and, if necessary, disregard any conflicting national provisions. This binding effect is a central element in the effective enforcement and observance of primary and secondary acts of the European Union. German courts are bound by the CJEU’s interpretation not only in the specific case at hand but also in similar future cases.
Who is entitled to bring an action before the CJEU?
The ability to bring an action before the CJEU depends on the type of proceedings: EU Member States, EU institutions (Parliament, Council, Commission, etc.) as well as, under certain circumstances, natural or legal persons (private individuals and companies) may have standing. In infringement and annulment actions, Member States and institutions generally enjoy broad standing to bring actions. Individuals may bring annulment actions if they are directly and individually affected by the act in question. In the context of preliminary ruling proceedings, however, only national courts are entitled to bring a case, as they present questions to the CJEU.
To what extent can the CJEU impose sanctions on a Member State?
Within the framework of infringement proceedings, the CJEU may, pursuant to Art. 260 TFEU, determine that a Member State has breached its obligations under EU law. If this determination is not complied with, the CJEU may, upon the request of the European Commission, impose financial penalties, such as lump-sum amounts or periodic penalty payments. These sanctions serve to enforce EU law and ensure that national provisions and measures are fully in line with EU requirements within a reasonable timeframe.
Are the proceedings before the CJEU subject to special principles?
Proceedings before the CJEU are characterized by specific principles, notably procedural economy, judicial independence, public hearings, and the right to be heard. The principle of ex officio investigation also applies, according to which the CJEU independently investigates all relevant facts and legal aspects necessary for an appropriate decision. These legal framework conditions guarantee transparency, fairness, and the rule of law in all proceedings before the CJEU.
How does the national law of Member States relate to CJEU decisions?
According to the principle of the primacy of EU law, national law that conflicts with EU law must not be applied. Decisions of the CJEU bindingly clarify how national law is to be interpreted and applied in light of EU law. In individual cases, this may mean that even higher-ranking national provisions — such as a Member State’s constitution — must give way to EU law. This relationship results in a far-reaching obligation for all state authorities, including courts and administrative bodies, to enforce CJEU requirements even against conflicting national provisions.
