Article III-353 (#)

The Court of Justice shall sit in chambers, as a Grand Chamber or as a full Court, in accordance with
the Statute of the Court of Justice of the European Union.

Article III-354 (#)

The Court of Justice shall be assisted by eight Advocates-General. Should the Court of Justice so
request, the Council may, acting unanimously, adopt a European decision to increase the number of
Advocates-General.
It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to
make, in open court, reasoned submissions on cases which, in accordance with the Statute of the
Court of Justice of the European Union, require his or her involvement.

Article III-355 (#)

The Judges and Advocates-General of the Court of Justice shall be chosen from persons whose
independence is beyond doubt and who possess the qualifications required for appointment to the
highest judicial offices in their respective countries or who are jurisconsults of recognised
competence; they shall be appointed by common accord of the governments of the Member States
after consultation of the panel provided for in Article III-357.
Every three years there shall be a partial replacement of the Judges and Advocates-General, in
accordance with the conditions laid down in the Statute of the Court of Justice of the European
Union.
The Judges shall elect the President of the Court of Justice from among their number for a term of
three years. He or she may be re-elected.
The Court of Justice shall adopt its Rules of Procedure. Those Rules shall require the consent of the
Council.

Article III-356 (#)

The number of Judges of the General Court shall be determined by the Statute of the Court of Justice
of the European Union. The Statute may provide for the General Court to be assisted by Advocates-
General.
The members of the General Court shall be chosen from persons whose independence is beyond
doubt and who possess the ability required for appointment to high judicial office. They shall be
appointed by common accord of the governments of the Member States after consultation of the
panel provided for in Article III-357.

The membership of the General Court shall be partially renewed every three years.
The Judges shall elect the President of the General Court from among their number for a term of
three years. He or she may be re-elected.
The General Court shall establish its Rules of Procedure in agreement with the Court of Justice. The
Rules shall be subject to the consent of the Council.
Unless the Statute provides otherwise, the provisions of the Constitution relating to the Court of
Justice shall apply to the General Court.

Article III-357 (#)

A panel shall be set up in order to give an opinion on candidates' suitability to perform the duties
of Judge and Advocate-General of the Court of Justice and the General Court before the governments
of the Member States make the appointments referred to in Articles III-355 and III-356.
The panel shall comprise seven persons chosen from among former members of the Court of Justice
and the General Court, members of national supreme courts and lawyers of recognised competence,
one of whom shall be proposed by the European Parliament. The Council shall adopt a European
decision establishing the panel's operating rules and a European decision appointing its members. It
shall act on the initiative of the President of the Court of Justice.

Article III-358 (#)

1. The General Court shall have jurisdiction to hear and determine at first instance actions or
proceedings referred to in Articles III-365, III-367, III-370, III-372 and III-374, with the exception of
those assigned to a specialised court set up under Article III-359 and those reserved in the Statute of
the Court of Justice of the European Union for the Court of Justice. The Statute may provide for the
General Court to have jurisdiction for other classes of action or proceeding.
Decisions given by the General Court under this paragraph may be subject to a right of appeal to the
Court of Justice on points of law only, under the conditions and within the limits laid down by the
Statute.
2. The General Court shall have jurisdiction to hear and determine actions or proceedings brought
against decisions of the specialised courts.
Decisions given by the General Court under this paragraph may exceptionally be subject to review by
the Court of Justice, under the conditions and within the limits laid down by the Statute of the Court
of Justice of the European Union, where there is a serious risk of the unity or consistency of Union
law being affected.
3. The General Court shall have jurisdiction to hear and determine questions referred for a
preliminary ruling under Article III-369, in specific areas laid down by the Statute of the Court of
Justice of the European Union.
Where the General Court considers that the case requires a decision of principle likely to affect the
unity or consistency of Union law, it may refer the case to the Court of Justice for a ruling.

Decisions given by the General Court on questions referred for a preliminary ruling may
exceptionally be subject to review by the Court of Justice, under the conditions and within the limits
laid down by the Statute, where there is a serious risk of the unity or consistency of Union law being
affected.

Article III-359 (#)

1. European laws may establish specialised courts attached to the General Court to hear and
determine at first instance certain classes of action or proceeding brought in specific areas. They shall
be adopted either on a proposal from the Commission after consultation of the Court of Justice or at
the request of the Court of Justice after consultation of the Commission.
2. The European law establishing a specialised court shall lay down the rules on the organisation of
the court and the extent of the jurisdiction conferred upon it.
3. Decisions given by specialised courts may be subject to a right of appeal on points of law only
or, when provided for in the European law establishing the specialised court, a right of appeal also on
matters of fact, before the General Court.
4. The members of the specialised courts shall be chosen from persons whose independence is
beyond doubt and who possess the ability required for appointment to judicial office. They shall be
appointed by the Council, acting unanimously.
5. The specialised courts shall establish their Rules of Procedure in agreement with the Court of
Justice. Those Rules shall require the consent of the Council.
6. Unless the European law establishing the specialised court provides otherwise, the provisions of
the Constitution relating to the Court of Justice of the European Union and the provisions of the
Statute of the Court of Justice of the European Union shall apply to the specialised courts. Title I of
the Statute and Article 64 thereof shall in any case apply to the specialised courts.

Article III-360 (#)

If the Commission considers that a Member State has failed to fulfil an obligation under the
Constitution, it shall deliver a reasoned opinion on the matter after giving the State concerned the
opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down by the
Commission, the latter may bring the matter before the Court of Justice of the European Union.

Article III-361 (#)

A Member State which considers that another Member State has failed to fulfil an obligation under
the Constitution may bring the matter before the Court of Justice of the European Union.
Before a Member State brings an action against another Member State for an alleged infringement of
an obligation under the Constitution, it shall bring the matter before the Commission.

The Commission shall deliver a reasoned opinion after each of the States concerned has been given
the opportunity to submit its own case and its observations on the other party's case both orally and
in writing.
If the Commission has not delivered an opinion within three months of the date on which the matter
was brought before it, the absence of such opinion shall not prevent the matter from being brought
before the Court.

Article III-362 (#)

1. If the Court of Justice of the European Union finds that a Member State has failed to fulfil an
obligation under the Constitution, that State shall be required to take the necessary measures to
comply with the judgment of the Court.
2. If the Commission considers that the Member State concerned has not taken the necessary
measures to comply with the judgment referred to in paragraph 1, it may bring the case before the
Court of Justice of the European Union after giving that State the opportunity to submit its
observations. It shall specify the amount of the lump sum or penalty payment to be paid by the
Member State concerned which it considers appropriate in the circumstances.
If the Court finds that the Member State concerned has not complied with its judgment it may
impose a lump sum or penalty payment on it.
This procedure shall be without prejudice to Article III-361.
3. When the Commission brings a case before the Court of Justice of the European Union pursuant
to Article III-360 on the grounds that the Member State concerned has failed to fulfil its obligation to
notify measures transposing a European framework law, it may, when it deems appropriate, specify
the amount of the lump sum or penalty payment to be paid by the Member State concerned which it
considers appropriate in the circumstances.
If the Court finds that there is an infringement it may impose a lump sum or penalty payment on the
Member State concerned not exceeding the amount specified by the Commission. The payment
obligation shall take effect on the date set by the Court in its judgment.

Article III-363 (#)

European laws and regulations of the Council may give the Court of Justice of the European Union
unlimited jurisdiction with regard to the penalties provided for in them.

Article III-364 (#)

Without prejudice to the other provisions of the Constitution, a European law may confer on the
Court of Justice of the European Union, to the extent that it shall determine, jurisdiction in disputes
relating to the application of acts adopted on the basis of the Constitution which create European
intellectual property rights.

Article III-365 (#)

1. The Court of Justice of the European Union shall review the legality of European laws and
framework laws, of acts of the Council, of the Commission and of the European Central Bank, other
than recommendations and opinions, and of acts of the European Parliament and of the European

Council intended to produce legal effects vis-à-vis third parties. It shall also review the legality of acts
of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.
2. For the purposes of paragraph 1, the Court of Justice of the European Union shall have
jurisdiction in actions brought by a Member State, the European Parliament, the Council or the
Commission on grounds of lack of competence, infringement of an essential procedural requirement,
infringement of the Constitution or of any rule of law relating to its application, or misuse of powers.
3. The Court of Justice of the European Union shall have jurisdiction under the conditions laid
down in paragraphs 1 and 2 in actions brought by the Court of Auditors, by the European Central
Bank and by the Committee of the Regions for the purpose of protecting their prerogatives.
4. Any natural or legal person may, under the conditions laid down in paragraphs 1 and 2, institute
proceedings against an act addressed to that person or which is of direct and individual concern to
him or her, and against a regulatory act which is of direct concern to him or her and does not entail
implementing measures.
5. Acts setting up bodies, offices and agencies of the Union may lay down specific conditions and
arrangements concerning actions brought by natural or legal persons against acts of these bodies,
offices or agencies intended to produce legal effects in relation to them.
6. The proceedings provided for in this Article shall be instituted within two months of the
publication of the act, or of its notification to the plaintiff, or, in the absence thereof, of the day on
which it came to the plaintiff's knowledge, as the case may be.

Article III-366 (#)

If the action is well founded, the Court of Justice of the European Union shall declare the act
concerned to be void.
However, the Court shall, if it considers this necessary, state which of the effects of the act which it
has declared void shall be considered as definitive.

Article III-367 (#)

Should the European Parliament, the European Council, the Council, the Commission or the
European Central Bank, in infringement of the Constitution, fail to act, the Member States and the
other institutions of the Union may bring an action before the Court of Justice of the European
Union to have the infringement established. This Article shall apply, under the same conditions, to
bodies, offices and agencies of the Union which fail to act.
The action shall be admissible only if the institution, body, office or agency concerned has first been
called upon to act. If, within two months of being so called upon, the institution, body, office or
agency concerned has not defined its position, the action may be brought within a further period of
two months.

Any natural or legal person may, under the conditions laid down in the first and second paragraphs,
complain to the Court that an institution, body, office or agency of the Union has failed to address to
that person any act other than a recommendation or an opinion.

Article III-368 (#)

The institution, body, office or agency whose act has been declared void, or whose failure to act has
been declared contrary to the Constitution, shall be required to take the necessary measures to
comply with the judgment of the Court of Justice of the European Union.
This obligation shall not affect any obligation which may result from the application of the second
paragraph of Article III-431.

Article III-369 (#)

The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings
concerning:
a) the interpretation of the Constitution;
b) the validity and interpretation of acts of the institutions, bodies, offices and agencies of the
Union.
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal
may, if it considers that a decision on the question is necessary to enable it to give judgment, request
the Court to give a ruling thereon.
Where any such question is raised in a case pending before a court or tribunal of a Member State
against whose decisions there is no judicial remedy under national law, that court or tribunal shall
bring the matter before the Court.
If such a question is raised in a case pending before a court or tribunal of a Member State with regard
to a person in custody, the Court shall act with the minimum of delay.

Article III-370 (#)

The Court of Justice of the European Union shall have jurisdiction in disputes relating to
compensation for damage provided for in the second and third paragraphs of Article III-431.

Article III-371 (#)

The Court of Justice shall have jurisdiction to decide on the legality of an act adopted by the European
Council or by the Council pursuant to Article I-59 solely at the request of the Member State
concerned by a determination of the European Council or of the Council and in respect solely of the
procedural stipulations contained in that Article.
Such a request must be made within one month from the date of such determination. The Court shall
rule within one month from the date of the request.

Article III-372 (#)

The Court of Justice of the European Union shall have jurisdiction in any dispute between the Union
and its servants within the limits and under the conditions laid down in the Staff Regulations of
Officials and the Conditions of Employment of other servants of the Union.

Article III-373 (#)

The Court of Justice of the European Union shall, within the limits hereinafter laid down, have
jurisdiction in disputes concerning:
(a) the fulfilment by Member States of obligations under the Statute of the European Investment
Bank. In this connection, the Board of Directors of the Bank shall enjoy the powers conferred
upon the Commission by Article III-360;
(b) measures adopted by the Board of Governors of the European Investment Bank. In this
connection, any Member State, the Commission or the Board of Directors of the Bank may
institute proceedings under the conditions laid down in Article III-365;
(c) measures adopted by the Board of Directors of the European Investment Bank. Proceedings
against such measures may be instituted only by Member States or by the Commission, under the
conditions laid down in Article III-365, and solely on the grounds of non-compliance with the
procedure provided for in Article 19(2), (5), (6) and (7) of the Statute of the Bank;
(d) the fulfilment by national central banks of obligations under the Constitution and the Statute of
the European System of Central Banks and of the European Central Bank. In this connection, the
powers of the Governing Council of the European Central Bank in respect of national central
banks shall be the same as those conferred upon the Commission in respect of Member States by
Article III-360. If the Court of Justice of the European Union finds that a national central bank
has failed to fulfil an obligation under the Constitution, that bank shall be required to take the
necessary measures to comply with the judgment of the Court.

Article III-374 (#)

The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any
arbitration clause contained in a contract concluded by or on behalf of the Union, whether that
contract be governed by public or private law.

Article III-375 (#)

1. Save where jurisdiction is conferred on the Court of Justice of the European Union by the
Constitution, disputes to which the Union is a party shall not on that ground be excluded from the
jurisdiction of the courts or tribunals of the Member States.
2. Member States undertake not to submit a dispute concerning the interpretation or application of
the Constitution to any method of settlement other than those provided for therein.
3. The Court of Justice shall have jurisdiction in any dispute between Member States which relates
to the subject-matter of the Constitution if the dispute is submitted to it under a special agreement
between the parties.

Article III-376 (#)

The Court of Justice of the European Union shall not have jurisdiction with respect to Articles I-40
and I-41 and the provisions of Chapter II of Title V concerning the common foreign and security
policy and Article III-293 insofar as it concerns the common foreign and security policy.
However, the Court shall have jurisdiction to monitor compliance with Article III-308 and to rule on
proceedings, brought in accordance with the conditions laid down in Article III-365(4), reviewing the
legality of European decisions providing for restrictive measures against natural or legal persons
adopted by the Council on the basis of Chapter II of Title V.

Article III-377 (#)

In exercising its powers regarding the provisions of Sections 4 and 5 of Chapter IV of Title III relating
to the area of freedom, security and justice, the Court of Justice of the European Union shall have no
jurisdiction to review the validity or proportionality of operations carried out by the police or other
law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon
Member States with regard to the maintenance of law and order and the safeguarding of internal
security.

Article III-378 (#)

Notwithstanding the expiry of the period laid down in Article III-365(6), any party may, in
proceedings in which an act of general application adopted by an institution, body, office or agency
of the Union is at issue, plead the grounds specified in Article III-365(2) in order to invoke before the
Court of Justice of the European Union the inapplicability of that act.

Article III-379 (#)

1. Actions brought before the Court of Justice of the European Union shall not have suspensory
effect. The Court may, however, if it considers that circumstances so require, order that application of
the contested act be suspended.
2. The Court of Justice of the European Union may in any cases before it prescribe any necessary
interim measures.

Article III-380 (#)

The judgments of the Court of Justice of the European Union shall be enforceable under the
conditions laid down in Article III-401.

Article III-381 (#)

The Statute of the Court of Justice of the European Union shall be laid down in a Protocol.
A European law may amend the provisions of the Statute, with the exception of Title I and Article 64.
It shall be adopted either at the request of the Court of Justice and after consultation of the
Commission, or on a proposal from the Commission and after consultation of the Court of Justice.