Overview
The European Union’s internal market suffers from a fundamental enforcement gap: when a Member State illegally blocks cross-border trade, affected businesses face a daunting set of choices — years-long Commission complaints, unfamiliar national courts, or simply abandoning the market altogether. This makes genuine mutual recognition largely unworkable, since interstate trade barriers can only be dismantled through effective administrative and judicial action. To address this, our proposal is to establish Specialized Commercial Courts with exclusive jurisdiction over internal market violations by Member States, attached to the General Court under existing treaty authority. These regional courts would offer businesses a streamlined, English-language procedure with decisions rendered within 180 days, the power to issue EU-wide injunctions, award damages, and set precedents binding on all Member States. Appeals would be limited to points of law before the General Court, keeping the system focused and efficient. The entire five-court structure would cost less than what the EU loses to trade barriers in a single week — making the Specialized Commercial Courts not just a legal reform, but a compelling economic investment in a functioning single market.
Agenda (CET)
May 18th
17:00-17:10 Introduction: Nicolas Petit and Luis Garicano
17:10-17:40 Invited Speaker Presentations (10 minutes each)
- Andrea Biondi, Advocate General, Court of Justice of the European Union
- George Gryllos, Partner, White & Case
- Benjamin Cheynel, Legal Secretary, General Court of the European Union (Luxembourg) tbc
17:40-18:50 Workshop Discussions with Invited Participants
Moderator: Bowman Heiden
18:50-18:00 Summary and Next Steps: Nicolas Petit and Luis Garicano