Yearbook of European Law - Vol. 10

By Francis Geoffrey Jacobs | Go to book overview

the Association Conventions with the ACP States, based on an intimate knowledge of their genesis and growth. The addition of the relevant texts and a rich bibliography enhance the value of this work.

K. LIPSTEIN


The Court of First Instance of the European Communities by Timothy Millett. Butterworths, London, 1990, xxiv + 144 pp. (including Appendices and Index).

This excellent little guide to the Court of First Instance appeared with extraordinary speed, and must already have proved most helpful to practitioners. As Sir Gordon Slynn comments in the Foreword, this is a timely and valuable book, especially in the light of the author's experience at the European Court of Justice.

The Court of First Instance commenced operation on 31 October 1989, when 151 cases were transferred to it by virtue of Article 14 of the Decision establishing the CFI. The stated aim of the book is 'to give a complete and straightforward account of the new court and the system of appeals from it to the Court of Justice of the European Communities'. Although the text itself is only 85 pages long, the book achieves its aim admirably, as it is clearly written and the coverage is comprehensive. It includes chapters on the background to the CFI, its composition and organization, jurisdiction and procedure, appeals to the European Court of Justice, and possible future developments.

The main criticism of the book must be that it is already out of date. The author and publishers clearly had to take a view on the wisdom of going to press before the CFI had established its own rules of procedure. The author defends his decision by saying that as the CFI was already in operation, it was worthwhile writing a book describing the position as it stood at the end of 1989. At the time, and as an interim measure, the CFI was operating under the Rules of Procedure of the European Court of Justice. In June 1990, it established its own rules, which entered into force on 1 August 1990. The author would therefore not have had very long to wait. It would have improved the book considerably to have had the definitive version of the rules of procedure included in it, especially as the book is clearly aimed primarily at practitioners. In the chapter on procedure and in the final chapter entitled "'Prospects for the Future'", the author takes the opportunity to speculate about certain matters to be resolved in the rules of procedure themselves. Many readers would be interested to know the final outcome. This criticism is not one of great substance, as both sets of rules are based on the Statute of the Court of Justice, but it certainly provides a good reason for a second edition to be issued sooner rather than later.

In the penultimate chapter, rather oddly entitled 'Aspects of case-law concerning the CFI', the author investigates four interesting questions.

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