The TJEU overturns a ruling by the General Court that

dismissed an appeal on the grounds of lack of representation.

It confirms that the partners of a law firm can represent it before the EU courts if the requirement of independence is respected.

The judgment of the TJEU (Grand Chamber) of September 4, 2025 (C-776/22 P) addresses the interpretation of the Statute of the Court of Justice of the European Union in relation to procedural representation.

The General Court had declared inadmissible an action for annulment brought by a law firm, considering that the partners representing it did not meet the requirement of independence. The TJEU corrects this interpretation and establishes that:

• The presumption of independence applies to any lawyer authorized to practice before the courts of a Member State, unless there is an employment relationship of subordination.
• Being a partner in the law firm represented does not in itself undermine that presumption, unless there are specific elements that compromise the ability to defend or respect ethical rules.
• The General Court should have allowed the formal defect to be corrected and guaranteed the right of defense before declaring the case inadmissible.

This judgment consolidates a guarantee-based interpretation of the right of access to justice before the courts of the Union, recognizing that representation by partners of a law firm does not in itself violate the requirement of independence.

Link to the resolution: click here

September 10, 2025