Case C-17/11 RX
Commission v Petrilli
(Review)
Summary of the Judgment
Review – Finding that the unity or consistency of Community law has been affected – Criteria for assessment
(Statute of the Court of Justice, Art. 62; Rules of Procedure of the Court, Art. 123b)
It is not for the Court of Justice, in the context of the review procedure, to rule on the merits of the General Court’s development of its own case-law when the latter is acting in its appellate capacity.
The fact that the Court of Justice has not yet ruled on a point of law is not, in itself, sufficient to justify a review pursuant to Article 62 of the Statute of the Court of Justice, in so far as it is now solely for the Civil Service Tribunal and the General Court to develop the case-law in matters relating to the civil service, the Court of Justice having jurisdiction only to prevent the decisions of the General Court affecting the unity or consistency of European Union law.
(see para. 4)