Court of Justice of the European Union and General Court: Binding effect and relationship with the precedent vertical

Abstract

The precedent vertical through the analysis of the delimitation of the binding effect of the precedent of the Court of Justice of the European Union (CJEU) towards the Tribunal is the key theme of analysis of this research. A definition of the precedent vertical is sought in common law traditions, as well as the obligation of a judge to abide by the CJEU decision already formulated. The hierarchical relationship through the CJEU and the General Court (GC) but also of the relative jurisprudence are also further points of analysis of this work. The statutory rules require the GC to comply with the decisions taken by the CJEU as well as the occasions in which the GC has shown to comply with the provisions of the CJEU, in the absence of a legal obligation and in an attempt to outline the possible existence of a clear and precise doctrine of the preceding vertical in the order of the European Union.