The Court of Justice of the EU (CJEU) is the EU's judiciary — it ensures that EU law is interpreted and applied uniformly across all member states. It sits in Luxembourg and is one of the most active international courts in the world.
Art. 267 TFEU
Preliminary Ruling
Who: National courts → CJEU
A national court suspends its case and asks the CJEU how to interpret EU law (or whether an EU act is valid). The CJEU's ruling binds all courts across the EU. The most important procedure for EU legal uniformity.
Example: A French court asks the CJEU if a national employment law complies with an EU directive.
Art. 258–260 TFEU
Infringement Proceedings
Who: Commission (or member state) → CJEU
Commission takes a member state to Court for failing to comply with EU law. If the state still fails to comply after the first judgment, the CJEU can impose financial penalties (lump sum + daily fines).
Example: Commission v [Member State] for failing to transpose an environmental directive.
Art. 263 TFEU
Action for Annulment
Who: Member states, institutions, individuals (limited)
Challenges the legality of an EU act. If successful, the Court declares the act void. Individuals must show "direct and individual concern" (strict requirement — Plaumann test).
Example: A company challenges a Commission competition decision that fines it.
Art. 265 TFEU
Action for Failure to Act
Who: Member states, institutions, individuals
Challenges an EU institution for failing to act when legally required to do so. Requires first calling on the institution to act; if no action within 2 months, can bring the case.
Example: Parliament sues the Council for failing to adopt a transport measure.
Art. 268 + 340 TFEU
Action for Damages
Who: Individuals/companies → General Court
Seeks compensation for damage caused by EU institutions or their officials. Requirements: unlawful act, actual damage, direct causal link (Bergaderm conditions).
Example: A company claims damages after an illegal Commission regulation harmed its business.
The preliminary ruling under Article 267 TFEU is the cornerstone of EU legal uniformity. It ensures that a German, French, Italian, or Romanian court all apply EU law in exactly the same way.
Preliminary ruling (Art. 267)
National court suspends case and asks CJEU to interpret EU law. Courts of last instance must refer. Ensures uniform application across all member states.
Infringement proceedings (Art. 258–260)
Commission takes member state to CJEU for non-compliance with EU law. Second judgment can impose financial penalties (lump sum + daily fine).
Action for annulment (Art. 263)
Challenge to legality of an EU act. If successful, the act is declared void. Individuals face the strict "Plaumann test" (direct and individual concern).
Advocate-General
Independent CJEU officer who delivers non-binding Opinions on cases before the Court. There are 11 Advocates-General, their opinions are highly influential.
Grand Chamber
The Court of Justice sitting in its most important formation — 15 judges. Used for cases of exceptional importance or at a member state's request.
Acte clair
The doctrine that a court of last instance need not refer a question to the CJEU if the correct interpretation of EU law is so obvious as to leave no reasonable doubt.