Mariann BOTLIK-MOLNÁR
International Relations Office
tel +36 1 483 8000/4628 ext. fax +36 1 483 8018
[email protected]
LITIGATION AT THE EUROPEAN COURT OF JUSTICE
Dr. Réka SOMSSICH
Assistant Professor
Department of International Private Law and European Economic Law (ELTE)
The course aims to give an overview on the functioning of the Court of Justice of the
European Union, on the types of procedures at the Court and on recent evolvements in its
jurisprudence. The course will pay special attention to the cases coming from or relevant
for „new” Member States. Practical exercises (argumentation, case analysis) will assist the
participants of the course to have a better understanding on litigation at the European
Court of Justice.
• General introduction (the structure of the Court of Justice of the European Union: the
Court of Justice, the General Court, the Civil Service Tribunal; types of procedures: direct
actions – indirect actions; EU institutions, Member States and individuals participating in
Court cases)
• The infringement procedure I. (evolvement of the regulatory framework on
infringement procedures, ex Article 228 procedures, case C-304/02, Commission v.
France, case C-494/01, Commission v. Ireland)
• The infringement procedure II. (cases C-205/06, C-249/06, C-118/07 (infringement
procedures concerning BIT’s concluded by Austria, Sweden and Finland), cases C-49/07,
C-51/07 (infringement procedures concerning nationality requirements of notaries)
• The preliminary ruling procedure I. (the relevant Treaty articles, the role of the
national judge, requirements as to the content of an application for preliminary ruling, the
possibility of repeal against a decision to initiate preliminary ruling procedure, case C210/06, Cartesio, applicability of EU law in pre-accession cases, case C-302/04, Ynos)
Eötvös Loránd University Faculty of Law H-1053 Budapest, Egyetem tér 1-3. tel +36 1 411 6500 www.ajk.elte.hu/en
• The preliminary ruling procedure II. (limitation of temporal effects of a judgment
(case C-475/03, IRAP, case C-292/04, Meilicke), tax law cases (case C-290/05, Nádasdi,
case C-74/08, Parat, reimbursement of taxes infringing EU law))
• The preliminary ruling procedure III. (interaction between actions for annulment and
preliminary ruling procedures, the “Tocai” cases, interaction between infringement
procedures and preliminary ruling procedures)
• The preliminary ruling procedure IV. (latest developments of the jurisprudence in the
field of free movement of goods, recognition of diplomas, company law)
• The preliminary ruling procedure V. (latest developments in the field of criminal law,
C-105/03, Puppino, ne bis in idem cases)
• The preliminary ruling procedure VI. (common features or distinctive elements of
cases referred by national courts of new Member States)
• Actions for annulment I. (evolvement of the regulatory framework, locus standi,
deadlines, case C-273/05, Poland v. Council, case T-257/04, Poland v. Commission)
• Actions for annulment II. (inter-institutional litigation C-173/03, Commission v.
Council, C-440/05, Commission v. Council)
• Actions for annulment III. (actions initiated by new Member States, T-310/06,
Hungary v. Commission, the “CO2 emission quota” cases.
Eötvös Loránd University Faculty of Law H-1053 Budapest, Egyetem tér 1-3. tel +36 1 411 6500 www.ajk.elte.hu/en