Court of Justice of the European Union (CJEU) was established in 1952 with the aim of ensuring EU law is interpreted and applied the same in every EU country; ensuring countries and EU institutions abide by EU law.
The CJEU is located in Luxemburg and divided into two courts: Courts of Justice and General Court. The responsibility of giving a verdict regarding to actions of nullity, failure to act by EU and applications for preliminary ruling are divided between courts in compliance with the legal statute of the applicant. While General Court was bound to the Court of Justice with the name Courts of First Instance upon its establishment, it currently serves as an independent court. Court of Justice consists 1 judge from each European Union country, plus 11 advocates in general while General Court consists of 47 judges.
A legal or natural person can apply to the General Court against the acts of the European Union Intellectual Property Office or the Community Plant Variety Office. In certain situations where a legal or natural person is concerned by a direct act of bodies, institutions or agencies of the European Union, the concerned person can also apply to General Court against these acts.
General Court can also give a verdict on the cases concerning disputes of employment relations between the institutions of the European Union and their staff; compensation cases against the bodies, agencies or offices of European Union are also subject to jurisdiction for General Court.
Agenda Item: Reid v. European Union Intellectual Property Organization
On the agenda of this year, there is a fictional case that requires the judges of CJEU - General Court to decide on the ownership of an automobile design. For their new car model, named ‘KineX4’, Pyrosia hired industrial designer Joanna Reid, a designer who had the specialities they required. During the years they worked together, Joanna Reid continued to work on her independent designs that she was working on from the beginning of her career. One of her designs was finished with a little help from Pyrosia, who proceeded to register and use her design for their new car, which was a huge success.
Joanna Reid applied to European Union Intellectual Property Office (EUIPO) Board of Appeals in order to overturn the registration. However, her application was rejected. She applied to the General Court against the decision of EUIPO claiming the design is hers and there was no agreement transferring the rights of the design to Pyrosia. However, according to the Pyrosia the contract of employment transfers the rights of the design to them because the design was finished during the time Joanna Reid worked for the company.