Tuesday 5 January 2016

Increase in number of General Court judges aims to stem delays in proceedings



Regulation 2015/2422 provides for a progressive increase in the number of General Court judges to 56 from 1 September 2019.

12 additional judges took office from 25 December 2015 bringing the current total number to 40.  A further seven will be added in September 2016 with the remaining nine expected to take up office in September 2019.

The protracted nature of proceedings before the General Court has been a matter of concern for litigants for some time.  The problems have arisen as a result of an increase in the range of acts by the EU institutions that may be subject to litigation before the General Court as well as the increasing complexity of cases especially those involving competition, state aid and intellectual property issues.  The amendment to Protocol 3 on the Statute of the Court of Justice of the European Union comes in the wake of damages actions arising from the excessive duration of cartel proceedings, for example in appeals brought by Gascogne Sack, Kendrion and Aalberts Industries.  

As a further measure to ensure gender balance partial replacements are to be organised so that Member States start to nominate two candidates for the same appointment with the aim of selecting one male and one female judge.

Regulation 2015/2422, amending Protocol No 3 on the Statute of the Court of Justice of the European Union (OJ 2015 L341/14)

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