Preliminary Reference Procedures Before The General Court: Furthering Judicial Efficiency?

On 1 September 2024, a significant amendment to the Statute of the Court of Justice of the European Union (the "Statute") entered into force. This amendment will bring an end to the current exclusive jurisdiction of the Court of Justice of the European Union ("ECJ") in preliminary reference procedures. From 1 October 2024 onwards, jurisdiction will be transferred from the ECJ to the General Court of Justice of the European Union ("EGC") in six specific areas. Furthermore, the amendment introduces transparency-enhancing procedural changes for preliminary reference procedures and extends the current mechanism to exclude appeals brought against decisions of the EGC.

The amendment is part of a broader reform of the EU jurisdictional framework to enhance judicial efficiency and, in this regard, takes advantage of a previous judicial reform that increased the number of judges in the EGC. The amendment consists of the following three pillars: (i) transfer of jurisdiction