EU Institutions
Court of Justice
of the EU
The guardian of EU law. It ensures uniform interpretation and application across all 27 member states — and its rulings have built the constitutional foundations of the European legal order.
Key Facts
Full name
Court of Justice of the European Union (CJEU)
Seat
Luxembourg City, Luxembourg
Composition
Court of Justice + General Court
Court of Justice judges
27 (one per member state) + 11 Advocates General
General Court judges
54 (two per member state)
Judge appointment
By common accord of member state governments for 6-year renewable terms
Working language
French (deliberation); case language varies
Established
1952 (as Court of Justice of the ECSC)
Court of Justice
The supreme EU court — 27 judges (one per member state) and 11 Advocates General. Handles preliminary rulings from national courts, infringement proceedings against member states, appeals from the General Court, and constitutional questions about EU institutions.
Advocates General deliver independent opinions before judgment — influential but non-binding.
General Court
Hears direct actions by individuals and companies against EU institutions — mainly competition law appeals (Commission fines), state aid decisions, and EU trademark disputes. 54 judges (two per member state). Decisions can be appealed to the Court of Justice on points of law only.
Key Legal Procedures
Preliminary Ruling (Art. 267 TFEU)
National courts ask the CJEU to interpret EU law before applying it. The most common procedure — ensures uniform interpretation across all 27 states. Binding on the referring court.
Infringement Proceedings (Art. 258–260)
Commission (or member state) sues a member state for failing to fulfil EU law obligations. Can result in financial penalties if the state does not comply with the judgment.
Action for Annulment (Art. 263)
Challenge to the legality of an EU act. Member states, institutions, and (in limited cases) individuals can seek annulment of regulations, directives, or decisions.
Action for Failure to Act (Art. 265)
Challenges an EU institution's unlawful failure to act when it was legally obliged to do so.
Action for Damages (Art. 268)
Claims compensation from the EU institutions for damage caused by unlawful acts or omissions.
Direct Actions
Actions brought directly before the General Court, mainly by companies and individuals challenging EU institution decisions (e.g., competition fines).
Landmark Cases to Know
Van Gend en Loos (1963)
EU law creates rights that individuals can invoke directly before national courts, without waiting for national implementation.
Costa v ENEL (1964)
EU law takes precedence over conflicting national law. National courts must disapply national rules that violate EU law.
Francovich (1991)
Member states must compensate individuals harmed by their failure to implement EU directives correctly.
Cassis de Dijon (1979)
Goods lawfully marketed in one member state cannot generally be banned in another — foundation of the internal market.
Structure
Organisational Chart
Click any node to explore the CJEU's judicial architecture.
Court of Justice of the EU — Judicial Structure
Click a node to exploreSelect a node to see details
AD5 Exam Tip
What the Exam Tests
- →Know all four landmark cases: Van Gend (direct effect), Costa (primacy), Francovich (state liability), Cassis (mutual recognition).
- →Preliminary rulings (Art. 267) are the most common procedure — national courts ask; CJEU answers.
- →CJEU ≠ European Court of Human Rights. The ECHR is not an EU court — it is a Council of Europe body.
- →The General Court handles first-instance cases; the Court of Justice hears appeals on points of law.
- →Infringement proceedings: Commission can impose daily financial penalties for non-compliance (Art. 260).