A | THE YEAR IN PICTURES
13 JANUARY
The von der Leyen Commission is sworn in
At a formal sitting before the Court of Justice, President Ursula von der Leyen and new members of the European Commission give the solemn undertaking prescribed by the Treaties in the presence of his Royal Highness Grand Duke Henri of Luxembourg, the President of the Chamber of Deputies of the Grand Duchy of Luxembourg, Fernand Etgen, and the Prime Minister of the Grand Duchy of Luxembourg, Xavier Bettel. In his address, Koen Lenaerts, President of the Court of Justice, observes that the solemn undertaking is established practice and is a symbol of the legal union which characterises the European Union.
17 JANUARY
Proceedings brought before the General Court in Junqueras i Vies and Others v Parliament
The General Court must give rulings, in several cases concerning the European Parliament elections in 2019, on the actions brought by Catalan elected officials including Mr Puigdemont i Casamajó and Mr Junqueras i Vies (T-100/20, T-115/20, T-613/20).
27 JANUARY
Meeting with the CCBE
A delegation from the Council of Bars and Law Societies of Europe (CCBE) meets Members of the Court of Justice and the General Court to exchange views on issues of common interest concerning, in particular, the procedural aspects of the functioning of the EU Courts. The CCBE represents the bars and law societies of 45 countries (more than 1 million European lawyers).
29 JANUARY
The Herm of Herodotus and Thucydides is installed at the Court
The Court welcomes the arrival of a two-faced sculpture representing the two Greek historians Herodotus and Thucydides looking in opposite directions. A marble reproduction of the original bronze which dates from the end of the 4th century BCE, the Herm is part of the Farnese collection and on loan from the National Archaeological Museum, Naples. Herodotus is regarded as the first historian to employ a method of systematic investigation, while Thucydides is considered the first to conduct comprehensive, reason-based historical research.
31 JANUARY
The United Kingdom withdraws from the European Union
47 years after its accession to the European Union, the withdrawal of the United Kingdom takes effect at midnight. The Court of Justice continues to have jurisdiction in any proceedings brought by or against the UK and give preliminary rulings on requests from UK courts and tribunals made before the end of the transition period, set for the end of 2020.
6 FEBRUARY
Farewell ceremony
A farewell ceremony is held at the General Court to mark the departure, following Brexit, of Ian Stewart Forrester, Member of the General Court from 2015 to 2020.
12 FEBRUARY
Farewell ceremony
A farewell ceremony is held at the Court of Justice to mark the departure, following Brexit, of Christopher Vajda, Member of the Court of Justice from 2012 to 2020.
13 FEBRUARY
Two new Members of the European Court of Auditors and the European Ombudsman are sworn in
At a formal sitting of the Court of Justice, the new Members of the Court of Auditors, François-Roger Cazala (France) and Joëlle Elvinger (Luxembourg), and the European Ombudsman, Emily O’Reilly (Ireland), on the occasion of the renewal of her mandate, give their solemn undertaking to perform their duties in complete independence in the general interests of the European Union.
16 MARCH
Together apart
In order to contribute to the fight against the spread of Covid-19 and protect its staff, the Court introduces generalised remote working. With the exception of persons required to perform essential tasks, the Institution’s buildings are closed to visitors and staff.
16 MARCH
Proceedings brought before the Court of Justice in Lufthansa
The Court is asked to verify whether the Directive on the use of the personal data of air passengers contained in the passenger name record (PNR) for, inter alia, the prevention and detection of terrorist offences is compatible with the Charter of Fundamental Rights of the European Union (C-148/20, C-149/20 and C-150/20).
23 MARCH
A new Advocate General takes office
Jean Richard de la Tour (France) is appointed Advocate General at the Court of Justice to replace Advocate General Yves Bot. In the light of the health crisis, the ceremony at which the formal oath is taken is held remotely, via videoconference, in the presence of the President, the First Advocate General and the Registrar of the Court of Justice.
24 MARCH
Proceedings brought before the General Court in Tartu Agro v Commission
The Estonian agrifood company Tartu Agro seeks the annulment of the Commission’s decision finding that Estonia unlawfully granted State aid to Tartu Agro in the form of a rent of agricultural land at a rate below the market price. In parallel, an interim order suspends repayment of the aid on account of the Covid-19 health crisis. Tartu Agro relies on the financial implications of the pandemic and the risk, in the event of repayment of the aid, of having to cease operations which would have consequences for the food security of the Member State in question (T-150/20).
26 MARCH
First judgments delivered under lockdown
As of this date, in the light of the health crisis, the weekly delivery of judgments of the Court of Justice and the General Court, and Opinions of the Advocates General, takes place at a single hearing before the General Court and the Court of Justice.
2 APRIL
Judgment in Coty Germany v Amazon
The mere storage on Amazon-Marketplace of goods which infringe trade mark rights does not constitute an infringement by Amazon of those trade mark rights (C-567/18).
23 APRIL
Judgment in NH v Associazione Avvocatura per diritti LGBTI
Homophobic statements constitute discrimination in employment and occupation when they are made by someone who appears to have a decisive influence on an employer’s recruitment policy. An association has the right to bring legal proceedings in order to claim damages even if no injured party can be identified (C-507/18).
1 MAY
Proceedings brought before the General Court in Ryanair v Commission
This is the first in a long series of actions brought by Ryanair against Commission decisions approving aid granted by several Member States to certain airlines in the context of the Covid-19 pandemic (T-238/20).
9 MAY
Europe Day on social media
On the anniversary of the Schuman Declaration, the Court celebrates Europe Day virtually on social media via Twitter and LinkedIn. The Court answers questions from citizens and invites them to learn more about its activities by watching videos explaining the Court’s role and case-law available on its YouTube channel.
25 MAY
The courtrooms reopen their doors
Hearings resume before the Court of Justice and the General Court. Some members of staff return to the Institution’s premises in order to carry out tasks that cannot be performed remotely. The strictest health measures ensure the proper conduct of hearings.
25 MAY
First hearing of the Court of Justice via videoconference
The Court of Justice holds its first hearing with parties participating remotely via videoconference.
24 JUNE
Proceedings brought before the Court of Justice in Commission v Spain
An action for failure to fulfil obligations is brought against Spain with regard to national rules on the liability of the State for breaches of EU law which, according to the Commission, infringe the principles of equivalence and effectiveness (C-278/20).
30 JUNE
First hearing of the General Court via videoconference
The General Court holds its first hearing with parties participating remotely via videoconference.
15 JULY
Fresh proceedings brought before the Court of Justice in Facebook v Ireland
The Court must examine whether consumer protection associations are entitled to bring proceedings for breaches of rules on the protection of personal data by platforms such as Facebook (C-319/20).
22 JULY
Proceedings brought before the Court of Justice in Commission v Austria
By its action for failure to fulfil obligations, the Commission challenges Austria’s indexation of family benefits applied to EU nationals working in Austria whose children live in another Member State where the cost of living is lower (C-328/20).
6 AUGUST
Opinion in XC
A hearing was held on 16 July 2020 in the context of an urgent preliminary ruling procedure (PPU) concerning the multiple European arrest warrants issued by a Member State in respect of the same person. The Opinion was delivered on 6 August and the judgment followed on 24 September, that is to say four and a half months after the proceedings were brought (C-195/20).
14 AUGUST
Proceedings brought before the General Court in Daimler AG v Commission
The General Court must rule on the Commission Implementing Decision concerning the provisional calculation of the average specific emissions of CO
2 and specific emissions targets for manufacturers of passenger cars and light commercial vehicles for 2018 (T-509/20).
10 SEPTEMBER
A new Advocate General takes office at the Court of Justice
Athanasios Rantos (Greece), appointed Advocate General at the Court of Justice to replace Advocate General Eleanor Sharpston (United Kingdom), takes his formal oath at a public hearing of the Court of Justice.
25 SEPTEMBER
Proceedings brought before the Court of Justice in Commission v Ireland and Others
Appeal brought against the judgment of the General Court of 15 July 2020 (Joined Cases T-778/16 and T-892/16) which annulled the Commission’s decision concerning State aid (tax ruling) granted by Ireland in favour of Apple (C-465/20).
28 SEPTEMBER
Members of the European Public Prosecutor’s Office are sworn in
In order to mark solemnly the official commencement of the activities of the European Public Prosecutor’s Office, an inauguration ceremony is held at the Court of Justice. European Chief Prosecutor, Laura Codruţa Kövesi (Romania) and the prosecutors appointed by the Member States give the solemn undertaking to comply with the obligations arising from their duties.
6 OCTOBER
Two new judges take office at the Court of Justice
A formal sitting takes place on the occasion of the taking of the oath and entry into office of judges Ineta Ziemele (Latvia), who replaces Egils Levits, and Jan Passer (Czech Republic), who replaces Jiří Malenovský.
19 OCTOBER
Official visit to Germany
A delegation from the Court of Justice travels to Karlsruhe (Germany) on an official visit at the invitation of the Bundesverfassungsgericht (Federal Constitutional Court).
23 OCTOBER
Proceedings brought before the Court of Justice in Lithuania v Council and Parliament
The first in a series of actions brought by Member States against several provisions of the rules of the ‘Mobility Package’ on the reform of the road transport sector (C-541/20).
25 OCTOBER
European Day of Justice
The European Day of Justice has been celebrated since 2003 to enable European citizens better to understand their rights and be better informed on the functioning of judicial systems (justice, mediation and enforcement of court rulings, etc.) and to bring justice closer to citizens. For the European Day of Justice 2020, the Council of Europe has organised and supported a series of virtual events. The Court of Justice participates by informing citizens about the main characteristics of its work and the contributions made by the preliminary ruling procedure to their everyday lives, on social media via Twitter and LinkedIn.
30 OCTOBER
The Court’s two Twitter accounts pass the 100 000 follower mark
The Court of Justice has had an online presence on Twitter since 2013 with two accounts (one in French and one in English) to share information quickly and concisely concerning proceedings, judgments and opinions of interest, as well as events organised within the Institution. This year, the two accounts pass the milestone of 100 000 followers (compared to 81 552 in 2019).
18 NOVEMBER
Judgment in Lietuvos geležinkeliai v Commission
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market (T-814/17).
2 DECEMBER
Request for an opinion
Belgium asks the Court of Justice for an opinion on the compatibility of the Draft for a modernised Energy Charter Treaty, with the EU Treaties in particular with regard to dispute settlement. (Opinion 1/20).
4 DECEMBER
68th anniversary of the creation of the Court of Justice
The Court celebrates the event on social media, via Twitter and LinkedIn, offering citizens a look back at the most important judgments delivered in 2020.
16 DECEMBER
Judgment in International Skating Union v Commission
The rules of the International Skating Union (ISU) providing for severe penalties for athletes taking part in speed skating events not recognised by it are contrary to EU competition law (T-93/18).
17 DECEMBER
Judgment in Centraal Israëlitisch Consistorie van België and Others
In order to promote animal welfare in the context of ritual slaughter, Member States may, without infringing fundamental rights enshrined in the Charter, require a reversible stunning procedure which cannot result in the animal’s death (C-336/19).
22 DECEMBER
Report by the Court of Justice on the functioning of the General Court
As part of the monitoring of the reform of the judicial architecture of the Union, the Court of Justice presents its report to the European Parliament, the Council and the Commission on the functioning of the General Court. The report focuses on the efficiency of the General Court, the necessity and effectiveness of the increase to 54 judges, the optimum use and effectiveness of resources and the further establishment of specialised chambers.
B | The year in figures
In 2020, the Court of Justice of the European Union managed to maintain a high level of activity in a context marked by working from home and travel restrictions which made it impossible to hold hearings between 16 March and 25 May 2020. Since then, and in line with strict health measures, the courtrooms opened their doors to legal representatives and to the public, in the interest of the sound administration of justice and in accordance with the principle of public access to hearings.
Lockdown measures and restrictions intended to slow down the pandemic which were adopted by most Member States did, however, have a certain impact on social and economic activity and on that of the courts of the Member States, leading to a drop in the number of cases lodged. With 1 582 cases brought overall before the two courts of the European Union, that figure is lower than the record number of cases seen in the previous year (1 905) but similar to the figures for 2018 (1 683) and 2017 (1 656).
A similar trend can be seen as regards the number of cases completed. This stands at 1 540, which is lower than that for 2019 and the record set in 2018, but represents a level of activity on a par with that seen in 2017 and greater than in 2016. The fact that both the Court of Justice and the General Court were prevented from holding hearings for over two months in 2020 must be taken into account so as to assess the figures fairly and accurately.
Lastly, the average length of proceedings for cases completed before both courts stands at 15.4 months, the lowest level ever achieved, which demonstrates the constant pursuit of the objective of improving efficiency in the management of proceedings.
The Institution in 2020
81 Judges
11 Advocates General
from the 27 Member States
2 235 officials and other staff
61% 39% 1 359 women 876 men
BUDGET 437 Million euros
The number of women in management positions within the Court is above the average for European institutions.
Women hold: 54% of administrator posts 41% of middle and senior management posts
The judicial year (all courts combined)
1 582 Cases brought
1 540 Cases completed
2 542 Cases completed
159 110 procedural documents entered in the registers of the Registries
15.4 months Average length of proceedings
15.4 months Court of Justice
15.4 months General Court
Percentage of procedural documents lodged via e-Curia
79% Court of Justice
95% General Court
7 378 Number of e-Curia accounts(an increase of 12% compared to 2019)
2 568 judicial notices published in the Official Journal of the European Union
e-Curia is an application of the Court of Justice of the European Union enabling the representatives of the parties in cases brought before the Court of Justice and the General Court and national courts, in the context of requests for a preliminary ruling of the Court of Justice, to send and receive procedural documents to and from the Registries purely by electronic means.
The Language Departments
As a multilingual judicial institution, the Court must be able to deal with a case irrespective of the official language of the European Union in which it has been brought. It then ensures that its case-law is disseminated in all those languages.
24potential languages of the case
552possible language combinations
601lawyer-linguists to translate written documents
1 145 000 Workload(number of pages to be translated)
1 170 000 Pages producedby the legal translation service
480 000 pagesEconomy measures adopted by the Courts to reduce translation requirements
70interpreters for hearings and meetings
445hearings and meetings with simultaneous interpretation