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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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