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14 July 2011 / Emmanuel Guinchard
Issue: 7474 / Categories: Features , EU
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Breaking point in Luxembourg

Emmanuel Guinchard forecasts breaking point in Luxembourg

The 2010 Annual Report of the Court of Justice of the European Union (CJEU) paints a bleak reality for two of its three courts—the Court of Justice and the General Court.

In 2010, the number of cases brought before the Court of Justice was the highest in its history. For several reasons, including the impact of the Lisbon Treaty, the number of new cases will continue to increase in the years to come. As a consequence, the court is facing an imminent workload crisis.

The General Court is already overloaded. In 2010, the average duration of proceedings before the General Court was nearly 25 months and the number of new cases continued to exceed that of completed cases. In contrast, the third legal arena of the CJEU, the Civil Service Tribunal, is a success story—even if the latest figures for 2010 reveal a slight deterioration in its performance.

In the light of the forthcoming (Court of Justice) or existing (General Court) workload crisis, the recent publication

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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