The Court of Justice of the European Union can:
1. Annul European Union acts
Individuals may bring a proceeding for annulment if they are able to demonstrate that a European Union act is contrary to the Treaties or fundamental rights covered by the Charter and that this act affects them directly and individually. The Court of Justice of the European Union will then review the conformity of the act and may declare it null and void. This process is known as an action for annulment.
Read more about an action for annulment.
2. Require the European Union to grant you compensation
If an application is accepted, the Court can determine whether European institutions, bodies or servants have caused you damage resulting from their administrative or legislative activity. This process is known as an action for damages.
Read more about an action for damages.
3. Ensure that European Union institutions take action
Individuals may take action through the Court of Justice against the Parliament, Council or Commission if they fail to make certain decisions under certain circumstances. This process is known as an action for failure to act.
Read more about an action for failure to act.
4. Clarify the interpretation of EU law
Upon request from domestic courts, the Court can clarify how to interpret a piece of European legislation. The Court may also review the validity of an EU law through this process. The interpretation given by the Court is binding on a domestic judge.
Preliminary ruling proceedings should not be overlooked: they are a powerful tool to ensure that European Union law – including the Charter of Fundamental Rights - is correctly applied throughout the Union.
As an individual, you may not directly ask the Court of Justice to institute such a proceeding. However, you may plea before your domestic court to introduce one to the Court of Justice if you are involved in a proceeding involving European Union law. In proceedings before the court of last instance (in a majority of cases, the last instance is the Supreme Court Senate), the court may have the obligation to bring the matter before the Court of Justice.
Read more about preliminary ruling proceedings.
The Court of Justice of the European Union cannot:
The Court can only carry out those tasks which it is allowed to do under the Treaties of the European Union and its Rules of Procedure. As an international court, it has very specific functions and it does not have the same power as courts in Slovenia. Therefore, it cannot:
- examine complaints about the actions of private companies or persons
- revoke or change decisions of courts or state institutions
- re-examine the evidence of national court cases
- punish state officials or private individuals
- annul or amend Slovenian laws