Cross-appeals

Abstract

Cross-appeals were not defined by the rules relating to appeals. They flourished with the development of the case-law and the needs of the parties. This chapter offers a classification of cross-appeals and tries to identify the difficulties faced by the parties which gave rise to cross-appeals. Among those difficulties, the chapter refers to the fact that a case in which the ECJ has quashed a judgment of the General Court may be referred back to the judges who had adopted that judgment and problems linked to the notion of res judicata, the authority of judgments of the Court, to the influence of rules of national law, or to the form and content of the judgments of the General Court. The chapter ends with a description of the attempts to improve the situation by adopting a recast of the Rules of Procedure and proposing advice to parties pleading before the Court.