History of the Court

1952 - 1958 – The beginnings of the Court of Justice: the Court of the European Coal and Steel Community

On 18 April 1951, six countries – Belgium, Germany, France, Italy, Luxembourg and the Netherlands – signed the Treaty of Paris, establishing the European Coal and Steel Community (ECSC). The hope was that by pooling all coal and steel production under a common organisation, it would be impossible for these countries to ever wage war against each other.

The Treaty entered into force on 23 July 1952, and created four ECSC institutions:

• the High Authority (the predecessor of the European Commission)
• the Common Assembly (the predecessor of the European Parliament)
• the Special Council of Ministers (the predecessor of the Council of the EU)
• the Court of Justice

The Court of Justice was responsible for ensuring that ECSC laws were uniformly applied across Member States and for resolving legal disputes between Member States and ECSC institutions.

After lengthy negotiations between governments, Luxembourg was chosen as the location for three of the four ECSC institutions, including the Court of Justice. Its first formal sitting took place on 4 December 1952 in the Villa Vauban. Seven Judges and one of the two Advocates General took their oath.

Did you know?

The EU Treaty now states that the Court has one judge per Member State. However, until 2003, the number of judges was given as a fixed number. This number was equal to the number of Member States or, if there was an even number of Member States, that number plus one. When countries joined the EU, this number was changed to reflect the increase of Member States but remained an odd number. Therefore, from 1952 to 1973, there were seven judges. From 1981 to 1995, when there was also an even number of Member States, the Court also had an extra judge. This was to make sure that, in the event of a vote, there would never be a tie. By 2009, the Court rarely sat as a full court but used Chambers and this was no longer necessary.

The Court had four procedural languages: German, French, Italian and Dutch. The first President of the Court was Massimo Pilotti, who held office from 1952 to 1958.

Did you know?

These first Members had to decide on some basic elements of Court life, the results of which are still visible today.

The Court decided on the seal of the Court, which then became the Court’s logo. The traditional symbols of justice, the sword and scales, were placed in front of a book to represent learning and wisdom, and above an oak-leaf garland, a symbol of authority dating back to Roman times.

The word "Curia", Latin for "Court", was added to the seal. This avoided the problem of using multiple languages in the seal. This word is now used in the Court’s internet address.

These Members also decided that gowns should be worn during the Court’s hearings. At the suggestion of the German Judge, burgundy, the colour of the gowns worn by the judges of the Bundesgerichtshof (German Federal Court of Justice), was chosen. This colour is now also used in the Court’s visual identity, including on this website.

For almost twenty years, the Members of the Court also wore a cap. In 1973, this was abandoned. A little later, the bands of the gown, which were originally embroidered, became simpler.

There is nothing in court dress to distinguish one Member of the Court from another. However, the front of the Registrar’s gown is edged with satin whereas the gowns worn by Judges and Advocates General are edged with velvet.

When the Court of First Instance (now the General Court) was created, navy blue was chosen as the colour of those gowns.

The Court received its first case in April 1953: Verband Deutscher Reeder v High Authority (1/53). However, it did not deliver its first judgments until 21 December 1954. These were:

• France v High Authority (1/54)
• Italy v High Authority (2/54)

Did you know?

In France v High Authority, the French Government challenged certain decisions of the High Authority regarding pricing and discriminatory practices in the steel sector. The Court ruled that the High Authority had infringed the Treaty, which had made the prior publication of price lists and conditions of sale compulsory.

Between 1954 and 1956, the Court saw an increase in cases, handling between 10 and 12 per year.

1958 - 1988 – Three communities, one court: the Court of Justice of the European Communities

On 25 March 1957, the Member States signed the Treaties of Rome. Entering into force on 1 January 1958, these treaties established the European Economic Community (EEC) and the European Atomic Energy Community (Euratom).  

The Court of the ECSC was replaced by the Court of Justice for the European Communities. This single court was responsible for the ECSC, the EEC and Euratom. The President and Members took the oath on 7 October 1958.

Did you know?

The 7 October has become a key date in the calendar of the Court of Justice. The terms of office of Judges and Advocates General still begin on this date. Every three years, the terms of office of half of the judges and Advocates General expire. This means that this date has become a regular landmark in the Court of Justice’s calendar, as some Members leave, new Members arrive, and others see their terms of office renewed for a further six years.

In June 1961, the Court received its first request for a preliminary ruling, from the Court of Appeal of The Hague in De Geus en Uitdenbogerd v Bosch and Others (13/61).

During its early years, the Court established a number of key constitutional principles, such as the principles of direct effect and the primacy of EU law.

For more information on these and other key judgments, see our page on Fundamental case-law.

In the late 1960s, the Luxembourgish authorities decided that all the EU institutions in Luxembourg should be located on the Kirchberg Plateau. This led to the building of the The Palais, which was completed in 1972.

It coincided with the first EU enlargement on 1 January 1973, when the United Kingdom, Denmark and Ireland joined the EU. The Court’s size increased to 9 Judges, 4 Advocates General and 7 procedural languages.

Following Greece’s accession on 1 January 1981 the Court expanded to 11 Judges, 5 Advocates General and 8 procedural languages.

Spain and Portugal joined in 1986, resulting in 13 Judges, 6 Advocates General and 10 procedural languages.

To accommodate the growing number of Members and staff, the area surrounding the Palais was redesigned, allowing for three successive expansions.

The Court’s case-load also grew significantly during this time, surging from 79 cases in 1970 to 279 cases in 1980. This prompted calls for the creation of a second court. By the time action was taken, this number had risen to 395 cases in 1987.

1988 - 2004 – A two-tier judicial system: creation of the Court of First Instance

Following a request from the Court of Justice, the Council decided to create the Court of First Instance of the European Communities on 24 October 1988. This was to ease the Court of Justice’s workload and allow it to focus on its fundamental task of ensuring uniform interpretation of Community law. It also helped provide a better judicial protection for companies and individuals by creating a new lower court devoted to such cases.

This Court of First Instance was to be the new entry point for certain types of cases. Any decisions it made could be appealed to the Court of Justice.

It initially heard challenges from companies to competition decisions, and employment cases brought by European civil servants. However, its jurisdiction quickly expanded to hear a wide variety of cases.

The Court of First Instance was housed in the Erasmus Building, which was completed in 1988. Its new Members took the oath on 25 September 1989.

The Court of First Instance soon held its first hearing in the case of Tetra Pak Rausing v Commission (T-51/89). On 30 January 1990, it delivered its first judgment in Yorck von Wartenburg v Parliament (T-42/89).

Over the following years, the judicial institution saw significant architectural development. The Thomas More building was completed in 1992 and the Themis building was finished in 1994.

Did you know?

Most of the Court’s buildings are named after famous European lawyers and legal philosophers. You can find out more about them on each of the pages about the buildings that bear their names.

At the same time, the EU was still growing: the fourth enlargement on 1 January 1995 brought Austria, Finland and Sweden into the EU. The Court of Justice increased to 15 Judges, 9 Advocates General. The General Court also increased to 15 Judges. Both Courts now worked in 12 procedural languages.

Did you know?

The Court’s website appeared online in 1996. Initially simply providing access to Court rulings, it quickly developed into a larger site offering press releases and general information about the Court.

It now offers access not only to the entire case-law of the Court of Justice and General Court, but also information about the workings of the Court and its Members, and a host of legal resources for practitioners, academics and students alike.

On 1 May 2004, the EU saw its largest expansion, involving the addition of 10 new Member States: the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia, and Slovenia. The Court of Justice now had 25 Judges and 8 Advocates General. The General Court also increased to 25 Judges. Both Courts now worked in 21 procedural languages

As the EU grew, the caseload of both Courts also steadily increased.

2004 - 2016 – Reform of the EU’s judicial system

On 2 November 2004, the Council established the Civil Service Tribunal.

The Tribunal had seven Judges and handled disputes between the EU institutions and their staff. It was created to reduce the workload of the Court of First Instance.

On 1 January 2007, Bulgaria and Romania joined the EU, increasing the number of Judges at the Court of Justice and the General Court to 27 each, and the number of procedural languages to 23. The number of Advocates General at the Court of Justice remained at 8.

Later that year, on 13 December 2007, the Treaty of Lisbon was signed. It took effect from 1 December 2009 and introduced several changes.

• The institution was renamed the “Court of Justice of the European Union”.
• The Court of First Instance was renamed the “General Court”.
• The “255 Committee” was created to assess the suitability of candidates for Judges and Advocates General proposed by the Member States.

Also at this time, in 2008, the “urgent preliminary ruling procedure” was established to allow the Court to give preliminary rulings very quickly when necessary, for example, in cases involving persons in custody or in cases concerning parental authority or custody of young children.

In 2008, the fourth architectural extension to the Court was completed. It consisted of the The Anneau, a two-storey building encircling the Palais, as well as two twin 24-storey towers.

In addition to these structural and architectural changes, the Court also took steps to modernise its working practices. In 2011 the Court embraced possibilities offered by digital technology and launched its e-Curia  application. This application allows lawyers and parties to exchange documents with the Court electronically and securely.

On 1 July 2013, Croatia became the EU’s 28^th member, and the Court of Justice reached 28 Judges and 8 Advocates General. A ninth Advocate General arrived in October 2013. The General Court also increased to 28 Judges. Both Courts now worked in 24 procedural languages.

In 2015, due to rising case numbers and the necessity to ensure a reasonable duration of proceedings at the General Court, the Council and Parliament approved reforms to the Court’s structure. The number of Judges at the General Court progressively increased to two per Member State. Two more Advocates General also arrived at the Court of Justice.

As part of the same reform, on 1 September 2016, the Civil Service Tribunal was dissolved. Its responsibilities were transferred to the General Court.

2016 – the present modernisation and continuation of the judicial reform

In 2017, the Court and the supreme and constitutional Courts of the Member States created the Judicial Network of the European Union (JNEU) , allowing greater collaboration between these Courts.

A third tower was constructed and inaugurated in 2019.

Did you know?

The third tower is named the “Rocca Tower” after Giustina Rocca, who is considered to be the first female lawyer in history. At 118 metres high and with 29 floors, it is the tallest building in Luxembourg.

In 2020, the UK left the EU and the number of judges was reduced. The Court of Justice now had 27 Judges and 11 Advocates General. The General Court now had 54 Judges. The number of procedural languages remained at 24.

2020 also marked the beginning of the COVID-19 pandemic. The Court of Justice and the General Court held some of their hearings by video conference for the first time. This project was recognised by the Court receiving a prize from the European Ombudsman for innovation.

In 2022, the first web-streamed hearing of the Grand Chamber of the Court of Justice took place. This meant that any citizen could watch a hearing of the Court of Justice wherever they were.

A major reform, which came into effect on 1 October 2024, introduced the partial transfer of jurisdiction on preliminary rulings to the General Court. This was made possible by the earlier reforms doubling the number of judges at the General Court. From this point onwards, the General Court could hear references for preliminary rulings when they involve

• VAT
• customs, excise duties or the tariff classification of goods
• greenhouse gas emissions trading
• passenger compensation

These areas were chosen as they had already been the subject of many cases at the Court of Justice. By transferring such cases to the General Court, the Court of Justice was able to focus more of its time on the more important and sensitive cases and on judicial dialogue with national courts.

The Court today

Today the Court plays a central role in the EU’s legal system. It has 81 Judges – 1 per Member State in the Court of Justice and 2 per Member State in the General Court – along with 11 Advocates General in the Court of Justice. The Court ensures that EU laws are applied correctly and respected throughout the EU. This helps the diverse nations of the EU to be united by a common legal framework.

The Court’s role has developed significantly over time, shaped by landmark rulings that have defined its powers and clarified how EU law should be applied.

The types of cases that the Court decides have also evolved, reaching beyond economic issues to matters that touch nearly every aspect of modern life. From safeguarding workers’ rights, ensuring equal treatment and enforcing anti-discrimination rules, to protecting the environment, upholding data privacy and ensuring the rule of law, the Court’s decisions continue to have a profound impact on European society.