How to Challenge or Appeal against ECJ ruling
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From: Ali Jafari
Dear European Court of Justice,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
Kindly tell me how to challenge ECJ ruling on any matter? If we can't challenge ruling already given then how to start a fresh proceeding against the ruling of ECJ?
Please enlighten me how much does it cost to challenge ECJ ruling or to start a new proceeding against ECJ ruling?
From: Registry ECJ
Court of Justice of the European Union
In reply to your e-mail, it seems appropriate to give some information about the duties and jurisdiction of the Court.
The Court of Justice ensures that in the interpretation and application of the Treaties establishing the European Communities the law is observed. The interpretation and application of provisions of the national law of the Member States do not form part of its duties. Neither can it hear and determine actions for breach of the European Convention on Human Rights by the authorities of the Signatory States; the Court of Justice is not to be confused with the European Court of Human Rights (see the latter's website at: www.echr.coe.int).
The Court of Justice is not a court of appeal from the national courts and cannot declare their judgments void or vary them.
Private persons may bring proceedings against a Community institution only before the Court of First Instance of the European Communities and not before the Court of Justice. In such proceedings representation by a lawyer entitled to practise in a Member State is compulsory.
Disputes with Member States or their authorities, or between private persons fall within the exclusive jurisdiction of the national courts. This is so even where questions of European Community law are concerned. A court of a Member State may (or in certain circumstances, must), however, refer to the Court of Justice for a preliminary ruling on questions of Community law. The parties themselves have no such right.
The Registrar of the Court of Justice is thus unable to take any steps with regard to your e-mail.
For further information regarding the jurisdiction and the work of the Court, please visit the Court's website at: www.curia.europa.eu
For the Registrar