April 15, 2019

The Council says that in order to improve the functioning of the CJEU, which has seen a huge increase in the number of cases brought before it, it has adopted a new filtering mechanism for appeals by changing the Statute of the CJEU. In order to implement the change the Council also approved a set of amendments to the Court’s Rules of Procedure.

The Regulation will introduce a new filtering mechanism for appeals relating to decisions by certain EU agencies and offices. Appeals brought in cases which have already been considered twice, first by an independent board of appeal, then by the General Court, will not be allowed to proceed before the CJEU unless it is demonstrated that they raise an issue that is significant with respect to the unity, consistency or development of EU law. Statistics show that many such appeals in fact end up being dismissed on the grounds that they are either patently unfounded or manifestly inadmissible.

Specifically, the new rules will apply to appeal procedures emanating from one of the following EU agencies and offices:

• the European Union Intellectual Property Office;
• the Community Plant Variety Office;
• the European Chemicals Agency; and
• the European Union Aviation Safety Agency.

The Council says that the new procedure will reduce the workload of the court, allowing it to concentrate on cases that require its full attention.

The Regulation is based on a proposal from the CJEU and has been agreed in negotiations between the CJEU, the Commission, the European Parliament and the Council. The amendments to the Rules of Procedure of the CJEU set out the new system for handling appeals in detail. To read the Council’s press release in full and to access the relevant documents, click here.