Can I bring my case to the Court of Justice of the EU?

The task of the Court of Justice of the European Union is to ensure that the EU’s institutions and Member States respect EU law and apply it in the same way.

It does this by hearing and deciding cases brought before it.

However, the kind of cases it can hear, and who can bring them, is strictly defined by the EU treaties.

This page tells you which cases can be brought to the Court and by whom and provides further information about where to turn if the Court cannot hear your case.

The Court of Justice of the European Union comprises two different courts: the Court of Justice and the General Court. Each court has clear competencies in terms of what cases they can hear.

You can find out more about these courts on the pages dedicated to them (Court of Justice and General Court).

I want to challenge an EU law or decision.

Individuals can challenge some EU laws or decisions. However, there are clearly defined rules as to what can be challenged.

These cases are heard by the General Court.

In order to bring a case before the General Court, the act being challenged must either:

be directly addressed to the person. This is the case, for example, for a decision freezing a person’s assets or a competition decision imposing a fine on a company; or
be a regulatory act that directly affects that person and needs no further implementing measure to come into effect; or
directly and individually concern the legal situation of the person bringing the case.

“Direct and individual concern” has a very specific meaning in EU law. This means that although the act does not name the person directly, it affects the legal situation of that person because of certain characteristics that distinguish them from all other people.

Do I need a lawyer?

Yes.

The Statute of the Court of Justice of the European Union and the Rules of Procedure of the General Court specifically state that all cases must be lodged by a lawyer qualified to practise before a court of a Member State.

Given the very specific nature of cases at the General Court, it is therefore advisable to seek legal advice before bringing a case.

I can’t afford a lawyer. Can the Court provide one?

If you can’t afford a lawyer, you can apply for legal aid.

Applications for legal aid should be made using the Legal Aid Form.

This application can be made without the help of a lawyer.

Please note that legal aid can only be granted for cases that fall within the General Court’s jurisdiction.

The following cannot be heard by the General Court:

challenges to national decisions
appeals against a judgment of a national court
challenges to a decision of another international body (for example, the European Court of Human Rights)
cases brought against other individuals or national bodies

Such cases and requests for legal aid to bring such cases will be dismissed.

I want to bring an action for damages against the EU

Cases claiming damages for harm caused by the EU’s actions are also brought before the General Court.

The same rules on legal representation and legal aid apply to these cases (see above).

Bringing cases before the Court of Justice

The Court of Justice cannot hear cases brought directly by an individual. Its cases are confined to:

requests for a preliminary ruling from national courts
cases between EU institutions
infringement cases brought by the Commission or by a Member State against another Member State
appeals against decisions of the General Court

This means that the Court of Justice cannot hear cases brought directly by individuals and targeted at other people, companies, or national authorities – even where that case concerns an alleged breach of EU law. In these situations, it is national courts that are competent to hear the case and to apply EU law. Moreover, the Court of Justice is not a court of appeal from the national courts.

I have a different problem that involves EU law. What do I do?

Just because it is not possible to bring a case directly before the Court does not mean that you cannot make use of your rights.

Depending on the circumstances, other possibilities exist.

Cases against other people, companies and national authorities

EU law forms part of the national law of every Member State, which means that it can be used directly in front of national courts. National judges are able to apply EU law directly in the cases before them. This is known as the “direct effect” of EU law.

Therefore, if you have a case that you wish to bring against a company, another person, or a national authority, you can go to the competent national court. This is so even where EU law applies to your case.

The national judge will then hear your case and apply EU law to it if appropriate. If a question arises about how EU law should be applied or interpreted in the situation, or whether national law infringes EU law, national judges can refer questions to the Court of Justice. At this point, the individual taking the case would have an opportunity, through their lawyers, to make their opinions known to the Court of Justice.

The Court of Justice, or depending on the subject matter, the General Court, then answers these questions and informs the national court of the correct interpretation of EU law. This allows the national judges to continue the case and apply the correct law to the facts before it. These judges can then decide if national legislation and practices are in line with EU law.

Depending on the circumstances and the complexity of the case involved, it may be necessary or advisable to seek legal advice.

A Member State or national authority isn’t respecting EU law or is applying it incorrectly

Option 1 – Complain to the European Commission

If you have a complaint about an EU Member State – for instance, if you believe that a Member State is infringing EU law, or that its laws and practices are not in compliance with EU law – you could complain to the Commission. This is the institution responsible for monitoring compliance with EU law.

This could be the case if a Member State has not transposed an EU Directive, or if a national authority has ignored EU rules or misinterpreted EU law.

The Commission will examine your complaint and, if it considers that it is well-founded, it will start an official procedure against that Member State.

This could result in a case before the Court of Justice. If the Court finds against the Member State, that country will be obliged to comply with EU law.

If the Member State still does not comply, the Commission could start separate legal proceedings and ask the Court to impose a fine on the Member State until it complies.

For more information on how to complain to the Commission, see the Commission webpage on your fundamental rights in the EU.
You can also submit a complaint to the Commission using the complaints form.

The Commission Representation in your Member State may be able to provide you with further information.

Option 2 – Take a case before a national court

As mentioned above, national courts can apply EU law to cases brought before them. Therefore, if you feel that EU law is not being applied correctly, you may be able to bring a case against a national authority before a national court.

If the national court needs to, it can then refer questions on the interpretation of EU law to the Court of Justice.

Appealing a national court judgment

The Court of Justice and General Court are not courts of appeal from national courts. A case that has been decided by a national court cannot be brought before these Courts, even if the case involves EU law.

Complaining about an EU institution

If you have a complaint about the maladministration of an EU institution, you could contact the European Ombudsman.

Breach of human rights

If you feel that your human rights have been breached by a national authority, you could take your case to the European Court of Human Rights.

The Court of Justice of the European Union is different from the European Court of Human Rights. While the Court of Justice of the EU is based in Luxembourg and is an EU institution, the Court of Human Rights is based in Strasbourg in France and is part of the Council of Europe.

The Court of Human Rights hears cases brought against countries who have signed the Convention on Human Rights. In order to bring a case, you must first exhaust “all domestic remedies”. This means using, or at least attempting to use, the legal procedures available in your home country before asking the Court of Human Rights.

I still don’t know what to do. Is there someone at the Court who can provide advice on my EU rights?

No. The Court cannot provide legal advice to individuals about their specific legal problems. This could prejudice the Court’s work if a related case subsequently came before the Court.

However, the EU does have a citizens’ and business advice service, called Your Europe. The Your Europe website contains lots of information about your rights under EU law. The Your Europe Advice service provides free personalised advice in all EU official languages to help with real problems involving EU law.