The new rules of procedure on the review procedure and the application of general principles in EU civil service law and litigation: Strack

Publishers Abstract:

Under the review procedure ("reexamen"), the Court of Justice should review a judgment of the General Court if it affects the unity or consistency of EU law. This case is the first application of the new provisions of the Rules of Procedure of the Court of Justice on the review procedure since they were amended on Sep 25, 2012; the amendments to the provisions were formalized in Articles 191 to 195 of the Rules.

The review procedure in this case dealt with matters of substantive law in connection with fundamental rights recognized at EU level for the first time. The issue in this case may initially appear slightly technical. Going well beyond this issue, the guidance provided by the ECJ on this subject is fundamentally important to the development and practical implementation of EU civil service law as a whole. The judgment also concerns the indirect application of general principles contained in EU directives to the EU institutions.

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