April 2018 1

The Legal Service of the European Commission

April 2018 2

The Legal Service:

Characteristics/missions

Internal and horizontal Service, directly under the President’s authority

Special organisation: light hierarchy

Mission is threefold:

Legal advice for the College, the DG’s and their services

Legal representation of the Commission

Quality of legislation

April 2018 3

Organisation Chart of the LS

April 2018 4

Legal advice and quality of the legislation

In 2017 the Legal Service worked on 13 812 inter-service consultations of which 1 980 were also examined from a legistic point of view by the « Quality of Legislation » team. They also examined 98 proposals from a linguistic and legislative-drafting point of view.

The Legal Service is also consulted on draft replies to:

• the Ombudsman: 70

• Petitions: 988

• Parliamentary questions: 7 365

April 2018 5

Legal advice and quality of the legislation

Others: Complaints (CHAP), Art. 90 appeals, access to documents, opinions of National Parliaments, President's mail…

8624 1233

3955

Decide

Infringements

Others

April 2018 6

Legal advice

8 624 Decide consultations in 2017 of which:

157 fast-track consultations

For 46.1% of the consultations (3 975) the Legal Service gave a favourable opinion without comments

For 3 905 consultations the Legal Service gave a favourable opinion subject to comments being taken into account

Only 16 consultations received a negative opinion

April 2018 7

Legal representation of the Commission

Commission decision EEC of 8 July 1959

According to this decision, the Legal Service is the only entity authorized to represent the Commission before the Courts.

Today, these jurisdictions are:

• the jurisdictions of the European Union

• national courts and tribunals (mostly for debt recovery)

• international courts (mainly WTO)

• the EFTA Court

• the arbitral tribunals, such as ICSID (International Center for Settlements of Investment Dispute), Permanent Court of Arbitration (PCA), Amicus Curiae

April 2018 8

Litigation

before the Court of Justice

and the General Court

April 2018 9

New cases in 2017

1 264 new cases notified to the Commission

1 015 cases where the Commission is a party/intervener of which:

• 670 before the Court of Justice

• 335 before the General court

• 10 before the EFTA Court

including also:

• 567 preliminary rulings

• 64 appeals

• 47 cases for failure by a Member State to fulfil its obligations and the penalties

April 2018 10

Infringements of Union Law by Member States

http://ec.europa.eu/atwork/applying-eu-law/infringements-

proceedings/annual-reports/index_en.htm

April 2018 11

Infringement procedure - figures

• New registrations in 2016 1 252 (alleged infringements)

• Open cases on 31.12.2016 1 657

• Main steps taken in 2016

Letter of formal notice 986

Reasoned opinion 292

Referral to the Court 42

April 2018 12

Open infringement cases by Member State (31.12.2016)

April 2018 13

Open infringement cases by sector (31.12.2016)

Preliminary rulings

• The Commission has intervened systematically since 1958

• Major importance of the Commission’s observations for the Court

April 2018 14

April 2018 15

Preliminary rulings by Member State (2008-2017)

Source: Statistics extracted from the Legal Service database "base Contentieux"

840

490

326

280 269 233

212 197

142 139 115 114 105

74 63 61 58 53 53 52 51 42 30 24 19 12 7 3 0

100

200

300

400

500

600

700

800

900

DE IT NL BE ES FR AT UK HU RO PL BG PT DK SE FI LV EL IE LT CZ SK LU EE SI HR CY MT

April 2018 16

Litigation before the jurisdictions of the European Union

(1.1.2017 – 31.12.2017)

Won: Commission’s position confirmed for the essential part

Not applicable: withdrawals in preliminary rulings, orders putting an end to the proceedings issued before any intervention of the Commission…

Source: statistics extracted from the LS database "Base Contentieux"

WON; [VALUE]

LOST; [VALUE]

PARTIALLY; [VALUE]

NOT APPLICABLE; [VALUE]

April 2018 17

Litigation before the Court (1.1.2017 – 31.12.2017)

Won: Commission’s position confirmed for the essential part

Not applicable: withdrawals in preliminary rulings, orders putting an end to the proceedings issued before any intervention of the Commission…

Source: statistics extracted from the LS database "Base Contentieux"

WON; [VALUE]

LOST; [VALUE]

PARTIALLY; [VALUE]

NOT APPLICABLE; [VALUE]

April 2018 18

Litigation before the General Court (1.1.2017 – 31.12.2017)

Won: Commission’s position confirmed for the essential part

Not applicable: orders putting an end to the proceedings issued before any intervention of the Commission…

Source: statistics extracted from the LS database "Base Contentieux"

WON; [VALUE]

LOST; [VALUE]

PARTIALLY; [VALUE]

NOT APPLICABLE; [VALUE]

April 2018 19

WTO Litigation (Dispute Settlement)

• - Pending cases (January 2018) 67

• Commission as complaining party 21

• Commission as responding party 22

• Commission as third party 24

• - New cases registered in 2017 17

- Reports/Awards circulated during 2017 18

•

April 2018 20

Number of cases by Member States (from 1995 until February 2018)

115

97

38

31

23

15

23 18

6

136

84

22

16

24

39

15 16

8

0

20

40

60

80

100

120

140

160

US EU Canada Brazil India China Japan Korea Russia

No of cases initiated No of cases defended

April 2018 21

Dispute Settlement Activity (from 1995 to december 2017)

535

219

268

211

146 133

0

100

200

300

400

500

600

Requests for consultations Panels composed Number of disputescovered by panels

composed

Panel Reports adopted Appeals notified Appellate Body Reportsadopted

April 2018 22

WTO Cases involving EU (from 1995 to 2017)

April 2018 23

WTO Cases involving EU (from 1995 to 2017)

42%

43%

15%

Defensive cases

SOLVED WITHOUT PANEL RULING EU LOST EU WON