Moving Customs Cases to EU General Court Could Lead to Faster Decisions, Lawyers Say

The transfer of certain customs issues from the EU Court of Justice to the EU General Court "could lead to faster and more specialized decisions," lawyers at Baker McKenzie said in a client alert earlier this month. Partner Arnoud Willems and associate Line Hammoud said the change potentially could make it easier for companies to "bring cases and achieve favorable outcomes."

Starting last month, the General Court was given jurisdiction over issues in six areas: the customs code, value-added tax, excise duties, the tariff classification of goods, compensation assistance to passengers and the emission trading system (see 2403190020).

The Court of Justice maintained jurisdiction over requests for preliminary rulings that "raise questions of principle," including the interpretation of the EU Treaties or the Charter of Fundamental Rights, the Baker McKenzie attorneys said. The Court of Justice also will keep its jurisdiction for cases on trade defense instruments.

Willems and Hammoud said the changes "make the judicial process more efficient and strengthen the GC's expertise in these areas," noting that the General Court added a new chamber centering on preliminary ruling requests in these areas.