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EU Procedural Law provides a rigorously structured analysis of the system of judicial protection in the European Union and the procedure before the Union Courts (the Court of Justice and the General Court). It examines the various types of proceedings which may be brought before the Union Courts, such as the actions for infringement, annulment, failure to act, and damages, along with special forms of procedure involving, for example, interim relief, appeals, staff cases, and intellectual property rights. It also addresses the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between European Union law and the national procedural and remedial frameworks more generally. Throughout, this book takes account of important jurisprudential and institutional developments, including the restructuring of the EU judicial system and reforms in the procedure of the Union Courts. In its second edition, this thoroughly updated work will continue to be the first port of call for practitioners, civil servants, and academics seeking guidance on the various components of EU procedural law.

Der Vorrang des Gemeinschaftsrechts, seine Begründung wie seine Grenzen, stehen nach wie vor im Zentrum der deutschen rechtswissenschaftlichen Diskussion. Mit der vorliegenden Arbeit soll diese Diskussion sozusagen »von außen« befruchtet werden. Der Autor geht der Frage nach, wie die französische Rechtsordnung die Integration des Gemeinschaftsrechts in ihre nationalen Strukturen bewältigt hat. Nach einer kurzen Darstellung der Anforderungen des Gemeinschaftsrechts und des von der französischen Rechtsordnung gesetzten Rahmens erörtert Gundel die der Integration von der französischen Verfassung gesetzten Grenzen; angesichts mehrfacher Verfassungsänderungen zur Überwindung dieser Schranken stellt sich dabei auch in Frankreich die Frage nach einem änderungsfesten Verfassungskern. Anders als in Deutschland wird das Gemeinschaftsrecht als völkerrechtlicher Vertrag ohne besonderen Status behandelt. Die Ausgestaltung der gerichtlichen Kontrolle in Frankreich führt aber trotz des umfassenden materiell-rechtlichen Vorranganspruchs der Verfassung zu gemeinschaftsrechtskonformen Ergebnissen; auch die Durchsetzung gegenüber nationalen Gesetzen ist heute gesichert. Der Verfasser referiert nicht nur die französischen Lösungswege, sondern steuert auch eigene Vorschläge bei zu einer möglichst lückenlosen Verschränkung beider Rechtsordnungen.

This work offers a profound insight into the development and background of today's EU civil service law. It analyses the recent judgements of the EU courts concerning the duty of care as a part of the reciprocal duties of both employer and employee, and forms groups of application. This analysis is based on the review of the complete jurisprudence of the Civil Service Tribunal (CST), and on its interpretation, aiming at a consistent understanding of the duty of care. This work offers the practitioner of law all necessary information on content and rank of the duty of care in relation to the other rules and principles of law. The author, on the basis of studies and professional experience in Munich, Strasbourg, Paris and Brussels, has been working and publishing in the field of civil service law, European law and EU civil service law for more than 20 years, and has published a series of reviews on the complete jurisprudence of the CST.

The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation likely to arise. From foundations and principles to specific issues regarding the assignment of cases, preliminary rulings, rules on evidence, annulment, illegality, failure to act, pleas, judgments and orders, appeal and much more, the book covers all essential elements of Court of Justice of the European Union procedure, including the following: division of competences between the Union courts; admissibility; rules regarding anonymity; service of documents; setting and extension of time limits, hearings, witnesses and experts; deposit and recovery of sums; application of competition rules, rules on state aid and rules on trade protection; rules in cases concerning intellectual property rights; rules in actions brought on the basis of an arbitration agreement; rules governing access to documents; languages; legal aid; interim measures; damages; expedited procedures; and scope of the rules on costs. Any lawyer seeking appropriate remedies in any case before the European Union courts will benefit enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.

Finding one's way amongst the myriad of provisions that govern the system of remedies and the proceedings before the three constituent courts of the Court of Justice of the European Union (CJEU) presents a major challenge to European practitioners. It is crucial to possess a reliable, thorough guide to the relevant statutory provisions and rules of procedure – such a guide as this book, written by one of Europe's foremost jurists, provides. For every kind of case and any situation likely to arise, it clearly explains which rules apply and how to proceed. It is fully up to date, covering the renewed rules of procedure of the Court of Justice, the General Court, and the Civil Service Tribunal, as well as updated provisions and practice directions. From foundations and principles to specifi c rules on evidence, damages, failure to act, preliminary rulings, interim measures, and much more, the book covers all essential elements of CJEU procedure, including the following: – division of competences between the Union courts; – admissibility; – rules regarding anonymity; – practice rules for the implementation of rules of procedure; – service of documents; – setting and extension of time limits, hearings, witnesses, and experts; – deposit and recovery of sums; – rules applying to the chamber system; – assignment of cases; – application of competition rules, rules on state aid, and rules on trade protection; – rules in cases concerning intellectual property rights; – rules in actions brought on the basis of an arbitration agreement; – rules governing access to documents; – delimitation of jurisdiction between the CJEU and national courts; – expedited procedures; and – scope of the rules on costs. Each chapter ends with a list of further readings. Any lawyer seeking appropriate remedies in any case before the CJEU will benefi t enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.

The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.

With the WTO TRIPS-Agreement, intellectual property issues have become an integral part of the world trading system. The Agreement probably represents the most significant and controversial development in world trade law. The Agreement is comprehensive in scope and contains standards for protection of a number of intellectual property rights as well as rules on the enforcement of such rights. Furthermore it closely links to the well-established traditional international system of the protection of intellectual property rights - the World Intellectual Property Rights Organization and related agreements, in particular the Paris and Berne Convention and the Madrid Agreement. This commentary covers the entire TRIPS-Agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments, such as the ones mentioned above and, for instance the European Patent Convention. The volume is based on a close cooperation between the Intellectual Property Law Center of the University of Düsseldorf and the Göttingen Institute for International Law and European Law, which aims at bringing together expertise in intellectual property law and and general international law and trade law. It is designed to meet the needs both of the WTO and the intellectual property community.