EuGH

Question 1

In what year and as part of which treaty was the Court of Justice of the European Union (CJEU) founded?

Answer 1

It was founded in 1952 as part of the European Coal and Steel Community (Montanunion).

Question 2

When did the Court of Justice of the European Union begin its operations?

Answer 2

The court began its operations in 1953.

Question 3

What specialized court was established in 2005 to handle disputes involving the EU civil service?

Answer 3

The European Union Civil Service Tribunal (Fachgericht für den öffentlichen Dienst).

Question 4

Which of the two courts within the CJEU primarily handles preliminary ruling requests from national courts?

Answer 4

The Court of Justice (Der Gerichtshof).

Question 5

Besides preliminary rulings, what other two major case types does the Court of Justice handle?

Answer 5

Actions for annulment and appeals from the General Court.

Question 6

The General Court (Das Gericht) is competent to hear actions for annulment brought by what three types of parties?

Answer 6

Individuals, companies, and, in some cases, EU member states.

Question 7

Name four specific areas of law for which the General Court has jurisdiction.

Answer 7

Competition law, state aid, trade, agriculture, and trademarks.

Question 8

What is the primary goal of the preliminary ruling procedure at the CJEU?

Answer 8

To ensure the uniform application of EU law across all member states.

Question 9

National courts can ask the CJEU for a preliminary ruling on either the _____ or the _____ of an EU law.

Answer 9

interpretation; validity

Question 10

The first instance of the Unified Patent Court (UPC) is comprised of a Central Chamber and various _____ and _____ chambers.

Answer 10

local; regional

Question 11

What is the appellate body for decisions made by the Unified Patent Court’s first instance chambers?

Answer 11

The Court of Appeal, located in Luxembourg.

Question 12

How can the Unified Patent Court (UPC) utilize the CJEU?

Answer 12

It can refer questions of EU law to the CJEU for a preliminary ruling.

Question 13

Infringement proceedings for violations of EU treaties can be initiated by other member states or by the _____.

Answer 13

European Commission

Question 14

What potential penalty can be imposed on a member state for a repeated infringement of EU law?

Answer 14

Financial sanctions, such as a penalty payment (Zwangsgeld).

Question 15

An action for annulment challenges the legality of acts from EU bodies such as the Council, Parliament, and the _____.

Answer 15

Commission

Question 16

If an individual brings an action for annulment, which court hears the case at first instance?

Answer 16

The General Court.

Question 17

Who is entitled to bring an action for failure to act before the CJEU?

Answer 17

EU countries, other EU institutions, individuals, or companies.

Question 18

What is the basis for an individual or company to file an action for damages against an EU institution?

Answer 18

Damage caused by the actions or omissions of the EU or its employees.

Question 19

What is the term of office for a judge at the Court of Justice of the European Union?

Answer 19

A renewable term of six years.

Question 20

What is the main role of the Advocate General in a case before the Court of Justice?

Answer 20

To deliver an independent and impartial opinion proposing a legal solution to the case.

Question 21

Is the Court of Justice legally bound by the opinion of the Advocate General?

Answer 21

No, although it follows the opinion in approximately three-quarters of cases.

Question 22

How is the President of the Court of Justice selected, and for what term length?

Answer 22

The President is elected by the judges from among themselves for a renewable three-year term.

Question 23

As of late 2023, how many Advocates General serve at the Court of Justice?

Answer 23

There are 11 Advocates General.

Question 24

How many judges does each member state appoint to the General Court?

Answer 24

Two judges per member state.

Question 25

What was the approximate budget for the CJEU for the 2024 financial year?

Answer 25

504 million euros.

Question 26

What is the average duration of a proceeding before the Court of Justice?

Answer 26

Approximately 16 months.

Question 27

What is the average duration of a proceeding before the General Court?

Answer 27

Approximately 18.2 months.

Question 28

The written phase of a proceeding at the CJEU begins with the assignment of a case to a Judge-Rapporteur and an _____.

Answer 28

Advocate General

Question 29

During deliberations in the written phase, the court decides on the size of the judicial panel, which is typically composed of how many judges?

Answer 29

Five judges.

Question 30

The oral phase of a CJEU proceeding consists of a public hearing where _____ present their arguments to the judges.

Answer 30

lawyers

Question 31

What are the two pathways for an individual or company to have a case heard by the CJEU?

Answer 31

Indirectly through a referral from a national court, or directly if they are individually concerned by an EU act.

Question 32

What is the internal working language of the Court of Justice of the European Union?

Answer 32

French.

Question 33

In a preliminary ruling procedure, the language of the case is determined by what factor?

Answer 33

It is the language of the national court that made the referral.

Question 34

According to the CJEU's interpretation methods, terms in EU treaties must be understood _____, independent of their meaning in any single member state's legal system.

Answer 34

autonomously

Question 35

What principle of interpretation requires that EU law be construed in a way that ensures its maximum effectiveness?

Answer 35

The principle of 'effet utile' (useful effect).

Question 36

The landmark 1964 case of Costa v ENEL established which fundamental principle of EU law?

Answer 36

The supremacy of EU law over the national laws of member states.

Question 37

The General Court (EuG) hears appeals against decisions from which EU agency responsible for trademarks and designs?

Answer 37

The European Union Intellectual Property Office (EUIPO).

Question 38

The CJEU's role in trademark law includes clarifying legal concepts like 'likelihood of confusion' and '_____ use of a mark'.

Answer 38

genuine

Question 39

In the area of Community plant variety rights (Sortenschutz), the General Court hears actions against which EU agency?

Answer 39

The Community Plant Variety Office (CPVO).

Question 40

In a 2003 ruling concerning patent attorneys in Italy, what did the CJEU identify as an unlawful restriction on the freedom to provide services?

Answer 40

Requiring registration in the Italian patent attorney register and having a residence or office in Italy.

Question 41

A UPC Court of Appeal order established that a legal representative of a company cannot represent that company before the UPC if they possess extensive administrative and _____ powers.

Answer 41

financial

Answer 42

Bei Verletzungen desselben europäischen Patents in verschiedenen Vertragsstaaten kann man nach EuGH eben gerade nicht von derselben „Rechtssachlage“ ausgehen, weil nach Art. 2 Abs. 2 und Art. 64 Abs. 1 EPÜ jedes nationale Teilpatent dem jeweiligen nationalen Recht unterliegt. ​ Konsequenz: Der EuGH folgert, dass bei Parallelklagen zu unterschiedlichen Länderanteilen eines EP nicht von einer einheitlichen Rechtslage ausgegangen werden kann; damit fehlt der enge Zusammenhang i.S.v. Art. 8 Nr. 1 EuGVVO und der einheitliche Gerichtsstand für mehrere Beklagte (z.B. Konzernunternehmen in mehreren Staaten) wird im Patentrecht stark eingeschränkt Ausgehend von EuGH „Roche“ (GRUR 2007, 47) wird der Begriff „Zusammenhang“ in Art. 8 Nr. 1 EuGVVO (früher Art. 6 Nr. 1 EuGVÜ) erläutert: Mehrere Beklagte können gemeinsam am Wohnsitz eines Beklagten verklagt werden, wenn die Klagen so eng zusammenhängen, dass eine gemeinsame Entscheidung sinnvoll ist, um widersprüchliche Urteile zu vermeiden. ​ Art. 30 EuGVVO dient als Auslegungshilfe: Ein Zusammenhang liegt nur vor, wenn eine enge Beziehung besteht, die eine gemeinsame Verhandlung und Entscheidung erfordert, und wenn sich auch die Rechtsfolgen nicht gegenseitig ausschließen dürfen.