The Concept of an ‘Appeal’

Abstract

The appeal is a form of action by which a party claims that the Court of Justice should set aside a decision of the General Court for infringement of a rule of law. It must be directed against a decision of the GCEU. In the context of the ECJ and its case-law, it is difficult to identify what constitutes a ‘decision’ of the General Court. The object of the appeal must be the setting aside of that decision and not a re-assessment of the substantive issue, a decision on a new claim or an amendment of the grounds of the decision. The appellant must submit a criticism of the decision under appeal. Accordingly, a new plea relating to the substance of the dispute is inadmissible, unless it concerns a matter of public policy. The Court of Justice does not review assessments of fact made by the General Court.