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CJEU Joined Cases C-515/17 P and C-561/17 P / Opinion

Uniwersytet Wrocławski and Republic of Poland v Research Executive Agency
Deciding body type
Court of Justice of the European Union
Deciding body
Advocate General
Type
Opinion
Decision date
24/09/2020
ECLI (European case law identifier)
ECLI:EU:C:2019:774

Χάρτης των Θεμελιωδών Δικαιωμάτων της Ευρωπαϊκής Ένωσης

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

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  • CJEU Joined Cases C-515/17 P and C-561/17 P / Opinion

    Key facts of the case:

    Appeal — Action for annulment — Article 19 of the Statute of the Court of Justice of the European Union — Representation of parties in direct actions before the Courts of the European Union — Lawyer representing the applicant as a third party — Article 47 of the Charter of Fundamental Rights of the European Union.

    Outcome of the case:

    I suggest that the Court:

    • set aside the order of 13 June 2017, Uniwersytet Wrocławski v REA (T‑137/16, not published, EU:T:2017:407);
    • refer Case C‑515/17 P back to the General Court and order that the costs of the parties in that case be reserved;
    • order the parties in Case C‑561/17 P to bear their own costs;
    • order the Czech Republic and the Krajowa Izba Radców Prawnych to bear their own costs.
  • Paragraphs referring to EU Charter

    78) In the light of that outcome, I cannot but agree with both interveners who suggest that the resulting scenario is at odds with the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and the right of access to a court enshrined therein. I am therefore of the view that the approach to and the interpretation of the third paragraph of Article 19 of the Statute should be considerably revised.

    ...

    151) Second, such interpretation and judicial practice are clearly not compliant, in my view, with the guarantees under the first paragraph of Article 47 of the Charter and, more specifically, access to justice and an effective judicial remedy. ( 65 )

    ...