European Union Law
Litigation before the Court of Justice of the European Union
We are familiar with the intricacies of litigation before the Union Courts in Luxemburg. Based on academic excellence, many years of litigation experience in various economic sectors, and political intuition, we offer our clients the best possible representation in EU legal disputes.
We particularly represent clients in the following proceedings:
Direct actions provide the parties with a direct remedy to the Court of Justice, particularly actions for damages, actions for failure to act and, practically most importantly, the actions for annulment. The latter remedy enables private persons, companies and public bodies to initiate legal proceedings that ensure compliance of legal and administrative acts with the overriding provisions of EU law. If the court finds the action well founded, it can annul the contested act.
The EU Commission monitors compliance with EU law by all EU member states. If a member state does not meet its obligations (e.g. due to incorrect, incomplete or late implementation of EU directives), the Commission can take action and refer the matter to the Court of Justice. On this basis, interested parties can lodge a complaint against a Member State with the Commission.
Preliminary Ruling Procedures
If questions about the interpretation or validity of Union law arise in national proceedings, the national courts have the right to refer those questions to the Court of Justice. The scope of the preliminary ruling procedure encompasses almost all of EU law. It is for the national court to decide whether to make a reference for a preliminary ruling. However, if it is a matter of a court of last instance or a question of validity, the court concerned is obliged to submit it. Failure to do so can result in the Member State being held liable.