Free legal assistance before the EU Court: official form 2026

Key data

Companies and individuals without sufficient economic means who need to litigate directly before the Court of Justice of the European Union now have an official, unique and binding form to request free legal assistance. The regulatory reference is OJ:L_202600997 [2026/997], published in the EU Official Journal on 04/05/2026.

Until now, the absence of a standardized model could generate procedural uncertainty. With this publication, the form acquires official and binding status: any party wishing to use this avenue must use it as a mandatory prior step before filing the action.

What does this regulation establish?

The regulation publishes the standardized form that parties must complete to request free legal assistance in the context of direct actions before the EU Court. The key elements it establishes are:

• The form is the necessary procedural instrument to access legal representation in European litigation at no cost.
• Its use is mandatory as a prior step to filing a direct action when the party lacks sufficient economic resources.
• Publication in the Official Journal grants it official and binding status, standardizing the procedure throughout the EU.
• The right that supports this measure is the right of access to justice recognized in the Charter of Fundamental Rights of the European Union.
• Both natural and legal persons (companies) in insolvency or financial difficulty situations can benefit.

It is important to distinguish the scope of application: this form applies exclusively to direct actions before the EU Court, not to preliminary rulings or proceedings before national courts.

Economic and operational impact

The direct impact of this regulation is one of economic opportunity, not cost. For companies and individuals meeting the requirements, this avenue eliminates or significantly reduces the cost of legal representation in litigation before European institutions, which can be very high.

From an operational perspective, the relevant changes are:

• Standardization of the procedure: Before this publication, the process could be less clear. Now there is a single official model that must be used, reducing the risk of formal errors that invalidate the application.
• Real access to European litigation: Companies in bankruptcy proceedings, in financial difficulties or with limited resources that have a dispute with an EU institution or body can present their case without the cost of lawyers being an insurmountable obstacle.
• Risk of not using the official form: Submitting a request for free legal assistance in a format different from the one published may result in its rejection, losing access to this avenue and having to assume representation costs entirely.

Who does it affect?

This regulation directly affects:

• Companies in insolvency situations that have or anticipate having litigation with institutions, bodies or agencies of the European Union.
• Companies in financial difficulty that cannot assume the costs of legal representation before the EU Court.
• Individuals without sufficient economic resources who need to file a direct action before the EU Court.
• Legal advisors and lawyers who manage European litigation for clients with economic difficulties: they must know and use the official form.
• CFOs and financial directors of companies with open proceedings against European institutions, who must assess whether their financial situation allows them to use this avenue.
• Bankruptcy administrators who manage companies with pending litigation before the EU Court.

Practical example

A Spanish technology company has been subject to a sanction decision by the European Commission. The company wants to appeal directly before the EU Court, but is experiencing serious financial difficulties and cannot assume the fees of a law firm specialized in European litigation.

With the publication of this official form, the process would be as follows:

1. The company (or its legal advisor) downloads the official form published in the Official Journal with reference OJ:L_202600997.
2. Completes the form certifying its insolvency or financial difficulty situation and the nature of the litigation (direct action).
3. Submits the form to the EU Court as a mandatory prior step before filing the action.
4. If the Court finds that the requirements are met, the company gains access to legal representation without having to assume that cost, being able to exercise its right of defense on equal terms.

Without this official form, or using a non-standardized model, the application could be rejected, closing off this avenue of access to justice.

What should companies do now?

1. Assess whether there is any open or potential litigation with European institutions: Review whether your company has or may have disputes with the European Commission, the ECB, the ESMA or other EU bodies that require a direct action before the Court.
2. Evaluate the company's financial situation: If such litigation exists, analyze with your CFO or advisor whether the company meets the criterion of lack of sufficient economic means that gives access to free legal assistance.
3. Locate and download the official form: The binding form is the one published in the EU Official Journal with reference OJ:L_202600997. Do not use alternative models.
4. Inform your legal advisor: If you manage European litigation for clients, communicate to them the existence of this official form and the obligation to use it as a prior step to direct action.
5. Do not file the action without having processed the application first: The form is a mandatory prior step. Filing the action without having requested free legal assistance may result in assuming all representation costs.