European Court Procedure: A Practical Guide by Viktor Luszcz (previously Référendaire at the General Court of the EU, and currently a Member of the Budapest Bar) aims to provide a comprehensive reference tool for practising lawyers, offer guidance to national judges dealing with cases raising points of EU law and in addition, insights into the reasoning process of the EU Courts, to the interest to scholars. To see if the book is able to live up to these ambitions, a review if provided by Michael Edenborough QC, who practises from Serle Court in all areas of IP law. In particular, he has appeared in over 50 cases before the General Court and the CJEU on appeals and Article 267 references.
The Publishers’ summary opens with “The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts’ practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. … .”
The book is divided into five parts: 1) Enforcement of EU Law and Judicial Organisation of the EU; 2) Enforcement of EU Law against Member States and Private Parties; 3) Protection against Acts of the EU; 4) Procedure before the EU Courts; and, 5) Incidental and Ancillary Procedure Issues. It is the last two Parts that reflect the strengths of the authors being insiders as they can speak with authority on the minutiae of procedure that will guide the novice and reassure the experienced practitioner.
|Checking the coast is clear|
for a cat costume change!
Image: Garen M.
Therefore, in summary, this is a wonderful source of information about the legislation and related case law on procedure before the GC and CJEU, but with respect to the IP elements a certain circumspection ought to be exercised when straying into the finer details.
Published 29 October 2020 by Hart Publishing, a division of Bloomsbury Publishing plc, xlviii + 730 pp, RRP £175 for Hardback edition, or £157.50 for PDF or EPUB eBook editions, with 10% or 20% discount respectively if purchased on-line.