The Legal Service of the European Commission

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• The Legal Service of the European Commission

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Human Resources Chart
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The Legal Service Caracteristics

• Internal and horizontal Service
• Directly under the Presidents authority
• Mission is twofold
• Legal advise
• Legal representative of the Commission

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The Legal Service Legal Advice

• The LS gives its opinions on all draft proposals
• (about 14 000 opinions in 2005).
• A positive opinion is necessary for the adoption
  of a Commission decision.
• The  College  may not take into account the LS
  opinion (political reasons).
• A negative opinion will push the Directorates
  general to find a solution.
• As a general rule, the legal advice is not made
  public.

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The Legal Service Functions

• Legal representative of the Commission
• The LS is the only entity authorized to represent
  the
• Commission before the Community Courts (Court
• of Justice, Court of First Instance, Civil
  Service
• Tribunal) and the national and international
  Courts
• (World Trade Organisation).

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Community litigation before the Court of
Justicethe Court of First Instance and the
Civil Service Tribunal
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Global number of cases in 2005

• 920 new cases
• 468 before the Court of Justice,
• 218 preliminary rulings
• 66 appeals
• 447 before the Court of First Instance (70
  cases transferred to the Civil Service Tribunal)
• 5 EFTA cases
• 1950 pending cases (average)

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Community litigation New cases in 2005 by area
920 cases divided as

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Infringements of Community Law by Member States
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The infringement cascade

• Pending at 31/12/2005 3567
• Among the alleged infringements registered (2653
  new registrations in 2005)
• 60 letters of formal notices
• 40 reasoned opinion
• 10 referrals to the Court

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Pending infringements at 31/12/2005 by Member
State
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Pending infringements at 31/12/2005 by area
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Preliminary rulings
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Preliminary rulings by Member State (1952 2005)
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Preliminary rulings / Trends by area(1/1/1990 -
31/12/2005)
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• Direct cases

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Won / Lost Global
COURT OF JUSTICE
CFI
6 PARTIALLY WON
6 PARTIALLY WON
4 OTHER
7 LOST
20 LOST
74 WON
83 WON
STATISTICS PRODUCED BY THE LS LITIGATION
DATABASE JUDGEMENT IN 2005/COMMISSION LITIGANT
COURT OF JUSTICE 402 AFF., CFI 128 AFF.
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Litigation WTO(Dispute Settlement)

• Pending cases 44
• Commission as complaining party 15
• Commission as responding party 19
• Commission as third party 10
• New cases registered in 2005 11
• Reports during 2005 33

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Number of cases initiated / defended by Member
State
Complaining
Responding
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Dispute Settlement Activity(from 1995 until
october 2005)
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WTO Cases involving EC
OFFENSIVE CASES
DEFENSIVE CASES
SOLVED WITHOUT PANEL RULING
EC LOST
EC WON