1. In the words of the ECJ, the Community is based on a new legal order and it possesses ‘real powers stemming from the limitation of sovereignty or a transfer of powers from the States to the Community’ ECJ, Case 6/64 Flaminio Costa v. ENEL [1964] ECR 585. See also ECJ, Case 26/62 Van Gend en Loos v. Nederlandse Administratie der Belastingen [1963] ECR 1, and generally, e.g., K. Lenaerts and P. Van Nuffel, Constitutional Law of the European Union, 2nd edn. (London, Sweet & Maxwell 2005).
2. A. Rosas, ‘International Dispute Settlement: EU Practices and Procedures’ 46 GYIL (2003) p. 284 at pp. 285–286.
3. Council Decision 2004/752/EC, Euratom, of 2 November 2004 establishing the European Union Civil Service Tribunal, OJ L 333,9.11.2004, p. 7. The seven judges of the new Tribunal were elected in July 2005 and their term of office began on 1 October 2005. The constitution of the new Tribunal has been recorded by a decision of the President of the ECJ, which implies that staff cases come as from that decision before the Tribunal instead of the Court of First Instance, OJ L 325, 12.12.2005, p. 1.
4. In this case, the decisions of the CFI are not subject to a right of appeal before the ECJ, but they may exceptionally be subject to review by the latter ‘where there is a serious risk of the unity or consistency of Community law being affected’ Art. 225, para. 2, of the Treaty establishing the European Community (EC Treaty) and Art. 62 of the Statute of the Court of Justice.
5. See, however, Art. 68 EC Treaty and Art. 35 of the Treaty on European Union (EU Treaty), which depart somewhat from the system under Art. 234 EC Treaty.