Research notes

Research notes are drafted at the request of the Court of Justice or the General Court on a specific subject. A selection of Research Notes are made available to the public to help promote mutual understanding of national laws.

Research notes are comparative studies requested by the Court of Justice or the General Court in relation to a pending case. Such notes may relate to one or several questions or topics and contain a comparison of the legal orders of the Member States, allowing for a broader insight into the relevant questions. The fields of law of the research notes vary according to the cases brought before the Court of Justice and the General Court.

Research notes contain an analysis of how the question is dealt with in a number of legal systems. This is summarised by a structured comparative overview.

The notes are drafted in French. The comparative overview is translated into English before publication.

You can find the full list of published notes below. 

  • National mechanisms for actions against decisions taken under Article 16(3) of Framework Decision 2002-584

    • European arrest warrant
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Principes généraux en droit de l’Union

    • FR (PDF document, opens in a new tab)
  • The allocation of costs in national labour law litigation

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Judicial assistants within international and national courts comparable to the General Court of the European Union

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Reducing pensions payable

    • Social security
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Preconditions for taking office as a Member of the European Parliament laid down in national electoral regulations

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • The classification of interest due in the event of repayment of unlawful administrative penalties as default interest

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Conditions governing the admissibility of legal actions, brought by competitors of a successful tenderer, which were not participants in a negotiated procedure without prior publication of a contract notice

    • European Union public contracts
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Internal mechanisms within the higher courts of the Member States to ensure consistency of case-law

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Agreements conferring jurisdiction made between parties established in the same Member State

    • Judicial cooperation in civil matters
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Application of the VAT system to the activity of members of the board of directors of a public limited company

    • Taxation
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Applicability of the principle of the retroactivity of the more lenient criminal law (lex mitior) to final criminal convictions and the effects of the invalidation of criminal provisions on the application of that principle

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Protection, through copyright, of official texts and technical standards

    • Copyright and related rights
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Collective management of copyright and related rights in the Member States

    • Copyright and related rights
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Review of the lawfulness of detention of third-country nationals – Scope of own-motion reviews and applicable rules

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Personal civil liability of the directors of commercial companies for the infringement of an intellectual property right

    • Judicial cooperation in civil matters
    • Approximation of laws
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Names and citations of anonymised cases

    • Provisions governing the institutions
    • Data protection
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Role of the criminal court in the event of a breach of the accused person's right to be informed of his or her procedural rights

    • Charter of Fundamental Rights
    • judicial cooperation in criminal matters
    • Justice and home affairs
    • Approximation of laws
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Declarations by Member States under Article 55(1) of the Convention implementing the Schengen Agreement

    • Charter of Fundamental Rights
    • judicial cooperation in criminal matters
    • Immigration policy
    • Principles, objectives and tasks of the Treaties
    • Approximation of laws
    • Public health
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Extrajudicial divorce: rules, procedures and cross-border recognition in Member States

    • Judicial cooperation in civil matters
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Anti-Dumping Agreement – Concept of 'destined for consumption'

    • Commercial policy
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Cross-appeals

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Procedures for the appointment and designation of judges in the Member States and the role played by the executive or legislature in those procedures

    • Fundamental rights
    • Charter of Fundamental Rights
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Management autonomy of national sports federations and whether public procurement rules apply to them

    • European Union public contracts
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Public access to personal data relating to road traffic offences

    • Principles, objectives and tasks of the Treaties
    • Data protection
    • Approximation of laws
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Impact of ongoing criminal proceedings on the conduct of disciplinary proceedings

    • Provisions governing the institutions
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Requirement for judges to declare their financial interests

    • Fundamental rights
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Existing internal review mechanisms in international and national courts

    • Intellectual, industrial and commercial property
    • Approximation of laws
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Scope of the requirement of independence of lawyers

    • Principles, objectives and tasks of the Treaties
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Possibility and conditions of an incidental review of the procedure leading to a judge’s appointment

    • Provisions governing the institutions
    • Staff Regulations of officials and Conditions of Employment of other servants
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Rights of former directors of a company in liquidation to bring legal proceedings in the name of that company

    • Economic and monetary policy
    • European Central Bank (ECB)
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Anonymity of the parties on the publication of court decisions

    • Data protection
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Nationality requirements in amateur athletics competitions

    • Citizenship of the Union
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Scope of the principle of the legality of taxation, particularly in relation to value added tax

    • Taxation
    • Value added tax
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • The use of promissory notes in relations with consumers

    • Consumer protection
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Methods of management of confidential data in the context of national judicial proceedings

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Supervision of courts’ compliance with personal data protection rules when acting in their judicial capacity

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Conditions and procedures relating to involuntary loss of nationality

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Freedom of expression of parliamentarians

    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Recognition of kafala in the Member States, in particular in connection with the right of entry and residence in Member States

    • Right of entry and residence
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Supplementary protection certificate for medicinal products

    • Intellectual, industrial and commercial property
    • Approximation of laws
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Decisive date for assessing the ‘unaccompanied minor’ status of a refugee in order for his parents to enjoy a preferential right to family reunification with him

    • Asylum policy
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Admissibility of court actions against ‘soft’ law measures

    • Procedural provisions
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Application of the Cilfit case-law by national courts or tribunals against whose decisions there is no judicial remedy under national law

    • Principles, objectives and tasks of the Treaties
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Whether there are specific rules or general principles on the abuse of law in the area of direct taxation in the Member States

    • Indirect taxation
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Judicial review of employment relationships involving churches or religious undertakings

    • Employment
    • Social policy
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Access to information held by national financial supervisory authorities

    • Free movement of capital
    • Internal market - Principles
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Applicability of the rules relating to ‘personal data’ within the meaning of Article 2(a) of Directive 95/46/EC, to a corrected script of an examination

    • Data protection
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Limitation rules in criminal matters

    • Fundamental rights
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)
  • Criminal penalties in the event of non-payment of value added tax

    • Value added tax
    • EN (PDF document, opens in a new tab)
    • FR (PDF document, opens in a new tab)