Skip to Main Content

European Union Law: Case law

EU Courts and case law

Subscription sources for holders of an Oxford SSO.

Looking for a CMLR citation? The Common Market Law Reports are available via Westlaw Edge UK - in the normal reports section.

Official sources on the free web: Curia and Eur-Lex

Printed resources

These volumes are on Level 3

All England Law Reports European Cases (All ER (EC)) 1995-

 Euro Comm 100 A10

Butterworth’s EC Case Citator (last ed. 2002) Euro Comm 160 B988a
Common Market Law Reports (CMLR) 1962- Euro Comm 100 C734

Current Law Case Citator

Cw UK 200 C976f 

Digest : annotated British, Commonwealth and European cases

Cw UK 150 E58a3

Index A – Z Numerical and Alphabetical Index of Cases before the Court of Justice and the Court of First Instance of the European Communities  

Euro Comm 160 I38a

Références des notes de doctrine aux arrêts de la Cour de justice et du Tribunal de première instance des Communautés européennes

Euro Comm 160 I38b
Reports of cases before the Court of Justice and Court of First Instance of the European Union (ECR) Euro Comm 100 R313

•    The European Court of Justice has clearly defined jurisdiction, which it exercises in specific categories of proceedings:

References for preliminary rulings, such as when a national court has requested clarification of a point of EU law
Actions for failure to fulfil obligations
Actions for annulment
Actions for failure to act
Appeals on points of law

The Court consists of 27 Judges and eight Advocates General.  It may sit as a full court, in a Grand Chamber (13 Judges) or in Chambers of three or five Judges.  The Court is assisted by the Advocates General, who, acting impartially and independently, present an  "Opinion" on the cases assigned to them.

•    The General Court has jurisdiction to hear:

Direct actions against certain acts of, or a failure to act by the EU's institutions, bodies, offices or agencies;
Actions brought by the Member States against the Commission, or against the Council relating to certain acts;
Actions seeking compensation for damage caused by the institutions of the European Union or their staff;
Actions based on contracts made by the EU that expressly give jurisdiction to the General Court; actions relating to Community trade marks; actions brought against decisions of the Community Plant Variety Office or of the European Chemicals Agency;
Appeals on points of law, against the decisions of the European Union Civil Service Tribunal,

The General Court consists of at least one Judge form each Member State. and usually sits in a Chamber of three Judges, although it may also sit as a full court, a Grand Chamber (13 Judges), as a Chamber of five Judges or as a single Judge.

•    The Civil Service Tribunal

The Civil Service Tribunal has jurisdiction in disputes between the EU and its servants pursuant to Article 270 TFEU, and also between certain EU Agencies and their staff.

The Tribunal consists of seven Judges, who usually sit in Chambers of three, although the Tribunal may also sit as a full court, as a Chamber of five judges, or as a single Judge.

Citing EU cases

The main EU law report series and their standard abbreviations for citations are:

ECR European Court Reports
ECR-SC European Court Reports - Staff Cases
CMLR Common Market Law Reports

 

European Court Reports (ECR) was the form of citation for the official published series which has cases from 1954 to 2011. (The full title of the series was much longer: the last manifestation Reports of cases before the Court of Justice and the General Court). Note: the final volumes to be printed in the ECR had cases decided in 2011 (2011 v.12C for Series I and 2011 v.11/12 for Series II), though the actual date of publication was 2014. 

ECR-SC, a sub-series containing cases concerning employees of the EU, was published in print from 1994-2009, when it moved online.

The longstanding mode for citing individual case was as follows:

C (ECJ) or T (General Court) or F (Civil Service Tribunal)
-
Number of case
/
Year (last 2 digits)
The parties

e.g. Case C-2/00 Hölterhoff v Freiesleben

ECLI

With the migration to electronic publication in 2014 came a new citation system the ECLI (European Case Law Identifier). The Court has also retrospectively assigned an ECLI to all decisions delivered by the European Union Courts since 1954, and to the Opinions and Views of the Advocates General.
For example Case C-403/03 Schempp has a "parallel" ECLI citation EU:C:2005:446.

  • ‘EU' indicates that it is a decision delivered by an EU Court or Tribunal ;
  • ‘C' indicates that this decision was delivered by the Court of Justice. Decisions delivered by the General Court are indicated by the letter 'T' and those of the Civil Service Tribunal by ‘F';
  • ‘2005' indicates that the decision was delivered during 2005;
  • ‘446' indicates that it is the 446th ECLI for that year.

 

Applications, and pending cases

If you would like to find out if there an application for a case to be heard in an EU court has been lodged, or monitor incoming applications, and then their progress (or not) through the various stages, there are some free tools and sites which may help.