court of first instance

a court in which legal proceedings are begun or first heard. The European Union has a court which is actually called the COURT OF FIRST INSTANCE.

Court of First Instance (CFI)

(of the European Union) a court created by the Single European Act 1987 that has a jurisdiction to hear and determine at first instance certain actions brought by natural or legal persons. There is a right of appeal to the Court of Justice of the European Union. It has 25 members, appointed for a renewable term of six years, any of whom (with the exception of the appointed President) may carry out the function of Advocate General of the Court. The CFI may sit in chambers of three or five Judges, a Grand Chamber of eleven Judges or a single Judge. It can also sit in plenary session as Grand Chamber or Chamber composed of a different number of judges ‘whenever the legal difficulty or the importance of the case or special circumstances so justify’.

The CFI has jurisdiction over: disputes between the institutions and their employees; actions against the Commission by undertakings in relation to European Coal and Steel Community (ECSC) charges; actions in relation to competition policy rules; actions for damages caused by an institution in respect of a matter over which the Court of First Instance has jurisdiction; by Council Decision 94/194 (7/3/94), a further transfer of jurisdiction was accomplished. The Court of First Instance now considers actions brought by persons for annulment and failure to act under the ECSC Treaty (relating to Article 74) and under the European Economic Community (EEC) Treaty in the case of antidumping and subsidies. Soon it is expected to take most cases other than preliminary hearings.

Collins Dictionary of Law © W.J. Stewart, 2006

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References in periodicals archive

The Court of First Instance held that the Main Contractor did not engage a new MEP subcontractor, as the Project works were suspended for several years due to the Employer's financial difficulties, as evidenced in the Expert's report.

Back to Back Clauses in Construction Contracts may not be Enforced

The company owner told the Al Ain Court of First Instance that his employee had borrowed the money to wrap up a private business.

Employee cleared in Dh1.2m loan default case

The civil court of first instance told the insurance firm to pay Dhs30,000 to the husband but he challenged the ruling and took his case to the appeal court, stressing the amount was too low.

Husband who lost his new wife in UAE gets Dhs50000

The court also concluded, following an examination of the arguments put forward by Activision Blizzard in support of its appeal, that the Court of First Instance did not err in law when it dismissed the application for annulment of the Commission's decision.a

PARALLEL EXPORTS/VIDEO GAME CONSOLES : COURT DISMISSES ACTIVISION BLIZZARD APPEAL

The biggest case ever heard by the European Court of First Instance in Luxembourg involves an appeal by 33 cement producers and eight cement industry associations.

Cement firms wait for fines verdict

The Court of First Instance rejected the Original Agent's claim and held that the Ministry's duty was satisfied because of the communications exchanged between the parties.

Terminating and Replacing a Commercial Agent in the UAE

Summary: Cases through the Court of First Instance grew by 29%

Value and volume of commercial claims increase at DIFC Courts

The above issue was examined by the Supreme Court in a judgement issued on 24.11.2017, where the court of first instance had dismissed the action of a purchaser for the value of the furniture removed from the property, the reason being that he failed to prove his damages.

Sale of property with furniture