New Rules for Repetitive Appeals
With effect from 1 May 2019, the Protocol on the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice have created new rules for appeals brought in cases that have already been considered twice ˗ initially by an independent board of appeal, then by the General Court. Under the new procedure, the Court of Justice will now only allow an appeal to proceed, wholly or in part, if it raises a significant issue with respect to the unity, consistency, or development of EU law. In concrete terms, an appeal brought against a decision of the General Court on a decision of an independent board of appeal of one of the following will not proceed unless the Court of Justice first decides that it should be allowed:
- The European Union Intellectual Property Office (EUIPO);
- The Community Plant Variety Office (CPVO);
- The European Chemicals Agency (ECHA);
- The European Union Aviation Safety Agency (EASA)
To be admissible, such appeals must now be accompanied by a request clearly setting out the significant issue raised by the appeal with respect to the unity, consistency, or development of EU law.