ECJ workload to rise

Date: 05/10/1995

By Rory Watson

THE number of cases lodged with the European Court of Justice (ECJ) in Luxembourg in 1994 fell by almost a third from the 490 introduced the previous year. But already the trend looks set to be reversed in 1995.

Between January and the end of June, 233 cases were registered with the ECJ.

The greatest fall was in the number of direct appeals (down from 265 to 125), while preliminary rulings at 203 remained at virtually identical levels. Last year also witnessed a slow down in the number of judgements, with only 293 delivered by the ECJ, some 50 fewer than each of the previous two years.

A different rhythm is emerging with the Court of First Instance (CFI), the junior Luxembourg court. After handling a whole series of milk quota cases in the last two years, which helps to explain the record 442 judgements it delivered in 1994, it received just 141 cases in the first six months of the year.

Actions brought by European Union officials remain a key part of the CFI's work. For each of the past three years, they have averaged 81 cases annually and a further 33 had been lodged by the end of June.

The figures just released by the ECJ emerge from the analysis of the two courts' activities between 1992 and 1994. Introducing the report, ECJ President Gil Carlos Rodríguez Iglesias notes that it has managed to reduce, by at least two months, the average length of time it takes to process a case. But with legal proceedings lasting as long as 18 months, he confirms the courts are seeking other ways of speeding up procedures. Failure to do so, he warns, would deter national courts from turning to European courts for interpretation of European law and could jeopardise uniform implementation of EU legislation.

Rodríguez Iglesias highlights a new trend whereby the ECJ is being asked to arbitrate in cases either between European institutions or between these and member states. The European Parliament has turned to the Court and successfully secured the repeal of two pieces of legislation on the grounds that it had not been adequately consulted by the Council of Ministers. One concerned the rights of non-resident road hauliers, the other conditions for student residence abroad.

The most significant case brought by a member state against the Commission featured an attempt by Germany to overturn the EU's new banana regime. It was rejected by the Court exactly a year ago.