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Continuity and Change in EU LawEssays in Honour of Sir Francis Jacobs$
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Anthony Arnull, Piet Eeckhout, and Takis Tridimas

Print publication date: 2008

Print ISBN-13: 9780199219032

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199219032.001.0001

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Litigating in Luxembourg and the Role of the Advocate at the Court of Justice

Litigating in Luxembourg and the Role of the Advocate at the Court of Justice

(p.48) 4 Litigating in Luxembourg and the Role of the Advocate at the Court of Justice
Continuity and Change in EU Law

David Vaughan

Margaret Gray

Oxford University Press

This chapter considers some of the ways in which litigating before the Court of Justice differs from litigating before United Kingdom courts, and how those differences affect the manner in which the advocate appearing in Luxembourg performs his task. The first part of the chapter considers the question of who goes to court in Luxembourg and why. It addresses two specific questions: (a) what issues are litigated in Luxembourg; and (b) who may appear before the Court as parties and as legal representatives. The second part considers the way in which the Court's unique methods of working affect the written and oral stages of proceedings and the judgment, as well as the specific role played by advocates in those proceedings. The third part considers the impression that an advocate can make upon the Court, in particular, where its judgments have recorded a discernible win on the part of a claimant, or the reception into the case law of a legal principle enshrined in a national legal system. Finally, the role of the advocate beyond Luxembourg is considered.

Keywords:   litigation, UK, Luxembourg, courts, advocate

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