THE NEW COMPETENCE OF THE GENERAL COURT TO GIVE PRELIMINARY RULINGS: TIME TO MOVE PAST CONTEMPLATION TO IMPLEMENTATION
DOI:
https://doi.org/10.18042/cepc/rdce.79.03Abstract
On 1 September 2024, a major reform of the Court of Justice of the EU entered into force which, inter alia, confers to the General Court jurisdiction to hear and determine questions referred for a preliminary ruling in six specific areas (VAT, excise duties, customs code, tariff classification of goods under the Combined Nomenclature, compensation and assistance to passengers and the system for greenhouse gas emission allowance trading). This reform fulfils the mandate provided since the Treaty of Nice by Article 256(3) TFEU and is a logical continuation of the 2015 reform, which doubled the number of judges at the General Court. This contribution analyses, in essence, the consequences of this reform for the General Court. Thus, with the aim of providing national courts with the same guarantees granted by the Court of Justice when dealing with references for preliminary rulings, the internal structure of the General Court has been substantially modified, in particular regarding the assignment of these cases to two specialised chambers, the creation of a chamber of intermediate size (of nine judges) and, in particular, the inclusion of the figure of the Advocate General. The risks and uncertainties raised by the reform are also analysed.
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