Given the complexity of litigating EU competition law cases and the considerable financial stakes involved, it is surprising to find almost no legal literature discussing efficient brief drafting techniques in direct actions brought before the General Court of the European Union in this field. This contrasts with the plethora of doctrine and court guidelines addressing the art or science of legal writing before the Federal and State Appellate or Supreme Courts in the United States.
This article seeks to bridge that gap by making some practical suggestions regarding the submission of the application and the reply in annulment actions brought before the General Court against Commission decisions in the sphere of EU competition law. In four sections respectively entitled “drafting suggestions”, “structuring suggestions”, “substantive suggestions” and “procedural suggestions”, this article will provide tips concerning drafting techniques, the structuring of the application and the reply, the main substantive rules and principles that applicants should bear in mind when drafting their pleadings and the main procedural tools available to enhance the chances of obtaining the annulment of the contested decision.