The Court of Justice of the European Union

Two courts, in Luxembourg: the Court of Justice, which interprets EU law, and the General Court, which hears actions against the institutions.

In brief

“CJEU” refers to the institution, which comprises two courts: the Court of Justice and the General Court.
Court of Justice: 27 judges (one per Member State) and 11 advocates general. General Court: 54 judges (two per Member State since 2019).
Preliminary reference (Art. 267 TFEU): a national court asks the Court about the interpretation of EU law; the Court answers on the law, the national judge decides the case. More than 60% of the Court's cases.
The General Court hears, among other things, actions against decisions of the boards of appeal of the EUIPO — it “has jurisdiction both to annul and to alter the contested decision”.
Appeal to the Court against a judgment of the General Court: two months, and on points of law only.

Two decisions shape the case file on this site. First, the Pronuptia judgment, delivered by the Court of Justice in 1986 on a preliminary reference from a German court: it holds that clauses essential to protecting the network's know-how and identity fall outside the prohibition of cartels, but that those which partition markets or fix resale prices fall within it. It is the birth certificate of European franchise law.

Second, the judgment of the General Court of 5 June 2024 (Case T-58/23), in the Big Mac v. Supermac's dispute: it confirms the partial revocation of the BIG MAC trade mark, as McDonald's had failed to prove genuine use across its full scope.

The Court of Justice of the European Union

Sources

Where this comes up in the case file

Other glossary entries — Institutions