Publisher's Synopsis
This book aims to give a useful and concise account of the reasons which led to the creation of the New Court of First Instance and of the considerations which had to be balanced as to what should be its jurisdiction, how it should be composed, to what extent its decisions should be subject to review by the European Court of Justice. Conversely, in the closing chapters, the author considers some of the problems which may still need to be resolved - should the jurisdiction of the Court of First Instance be extended; will one "CFI" with the existing Court be enough to deal with the likely, perhaps inevitable, increase in cases before the European Court of Justice; what will be the real participation of the Advocate General; how can fact-finding be changed or improved; and what will be the effect of the European Court's ruling on the points of law in one case on other cases which come later before the CFI?. These are questions of interest to the development of the jurisdiction of the European Court and the Court of First Instance.;For the practitioner, this book has a more immediate value, since many cases - staff, competition, coal and steel - will have to be continued (from their commencement in the European Court of Justice) or begun before the new Court. The author explains clearly and directly the procedures now to be applied before the new Rules of Procedure (to be agreed by the Court and needing unanimous approval of the Council) are adopted. He brings together the provisions of the Treaty, the Decision establishing the Court of First Instance, the Statutes of the Court of Justice and the Court of Justice's Rules of Procedure to show how cases are to be commenced, and what are the steps to be followed at each stage of the case.;Many of these steps are laid down in the European Court's Rules of Procedure. Since, however, these are to be applied "mutatis mutandis", it is valuable for the practitioner, particularly one not a regular at the European Court, to have the views of this experienced author as to how these rules are likely to be applied.
