# EUR-Lex - 31995Q0228(02) - EN

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# 31995Q0228(02)

**Amendments to the rules of procedure of the Court of First instance of the European Communities **

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Official Journal L 044 , 28/02/1995 P. 0064 - 0066 *

AMENDMENTS TO THE RULES OF PROCEDURE OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty on European Union signed at Maastricht on 7 February 1992,

Having regard to Article 168a of the Treaty establishing the European Community,

Having regard to Article 32d of the Treaty establishing the European Coal and Steel Community,

Having regard to Article 140a of the Treaty establishing the European Atomic Energy Community,

Having regard to the Protocol on the Statute of the Court of Justice of the European Community, signed in Brussels on 17 April 1957,

Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, signed in Paris on 18 April 1951,

Having regard to the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community, signed in Brussels on 17 April 1957,

Having regard to Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ No L 319, 25. 11. 1988 p. 1 and Corrigendum OJ No L 241, 17. 8. 1989, p. 4), amended by Council Decision 93/350/Euratom, ECSC, EEC of 8 June 1993 (OJ No L 144, 16. 6. 1993, p. 21) and Council Decision 94/149/ECSC, EC of 7 March 1994 (OJ No L 66, 10. 3. 1994, p. 29),

Having regard to the agreement of the Court of Justice,

Having regard to the unanimous approval of the Council, given on 22 December 1994,

Whereas, as a result of the entry into force of the Treaty on European Union and of the Agreement on the European Economic Area, it is necessary to adapt certain provisions of the Rules of Procedure of the Court of First Instance,

HEREBY ADOPTS THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE:

Article 1

The Rules of Procedure of the Court of First Instance of the European Communities adopted on 2 May 1991 (OJ No L 136, 30. 5. 1991, p. 1 and Corrigendum OJ No L 317, 19. 11. 1991, p. 34) and amended on 15 September 1994 (OJ No L 249, 24. 9. 1994, p. 17) shall be amended as follows:

1. Article 1 shall be replaced by the following:

'In these Rules:

- "EC Treaty" means the Treaty establishing the European Community,

- "EC Statute" means the Protocol on the Statute of the Court of Justice of the European Community,

- "ECSC Treaty" means the Treaty establishing the European Coal and Steel Community,

- "ECSC statute" means the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community,

- "Euratom Treaty" means the Treaty establishing the European Atomic Energy Community (Euratom),

- "Euratom Statute" means the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community,

- "EEA Agreement" means the Agreement on the European Economic Area.

For the purpose of these Rules:

- "institutions" means the institutions of the Communities and bodies which are established by the Treaties, or by an act adopted in implementation thereof, and which may be parties before the Court of First Instance,

- "EFTA Surveillance Authority" means the surveillance authority referred to in the EEA Agreement.'

2. In Article 7 (1) the words 'Article 32d of the ECSC Treaty, Article 168a of the EEC Treaty and Article 140a of the Euratom Treaty' shall be replaced by the words 'Article 168a of the EC Treaty, Article 32d of the ECSC Treaty and Article 140a of the Euratom Treaty'.

3. In Article 24 (7) the words 'the third paragraph of Article 36 of the ECSC Treaty, Article 184 of the EEC Treaty or Article 156 of the Euratom Treaty' shall be replaced by the words 'Article 184 of the EC Treaty, the third paragraph of Article 36 of the ECSC Treaty or Article 156 of the Euratom Treaty'.

4. There shall be added to Article 35 (3) the following new fifth subparagraph:

'The States, other than the Member States, which are parties to the EEA Agreement, and also the EFTA Surveillance Authority, may be authorized to use one of the languages mentioned in paragraph 1, other than the language of the case, when they intervene in a case before the Court of First Instance. This provision shall apply both to written statements and oral addresses. The Registrar shall cause any such statement or address to be translated into the language of the case.'

5. Article 38 (1) shall be replaced by the following:

'1. Agents, advisers and lawyers, appearing before the Court of First Instance or before any judicial authority to which it has addressed letters rogatory, shall enjoy immunity in respect of words spoken or written by them concerning the case or the parties.'

6. Article 39 (a) shall be replaced by the following:

'(a) agents shall produce an official document issued by the party for whom they act and shall forward without delay a copy thereof to the Registrar.'

7. In Article 42 the words 'Article 20 of the ECSC Statute and Article 17 of the EEC and Euratom Statutes' shall be replaced by the words 'Article 17 of the EC Statute, Article 20 of the ECSC Statute and Article 17 of the Euratom Statute'.

8. In Article 44 (1) the words 'Article 22 of the ECSC Statute and Article 19 of the EEC and Euratom Statutes' shall be replaced by the words 'Article 19 of the EC Statute, Article 22 of the ECSC Statute and Article 19 of the Euratom Statute'.

9. Article 44 (3) shall be replaced by the following:

'The lawyer acting for a party must lodge at the Registry a certificate that he is authorized to practise before a Court of a Member State or of another State which is a party to the EEA Agreement.'

10. In Article 44 (4) the words 'in the second paragraph of Article 22 of the ECSC Statute and in the second paragraph of Article 19 of the EEC and Euratom Statutes' shall be replaced by the words 'in the second paragraph of Article 19 of the EC Statute, in the second paragraph of Article 22 of the ECSC Statute and in the second paragraph of Article 19 of the Euratom Statute'.

11. In Article 65 the words 'Articles 24 and 25 of the ECSC Statute, Articles 21 and 22 of the EEC Statute and Articles 22 and 23 of the Euratom Statute' shall be replaced by the words 'Articles 21 and 22 of the EC Statute, Articles 24 and 25 of the ECSC Statute and Articles 22 and 23 of the Euratom Statute'.

12. In Article 69 (4) the words 'Articles 44 and 92 of the ECSC Treaty, Articles 187 and 192 of the EEC Treaty and Articles 159 and 164 of the Euratom Treaty' shall be replaced by the words 'Articles 187 and 192 of the EC Treaty, Articles 44 and 92 of the ECSC Treaty and Articles 159 and 164 of the Euratom Treaty'.

13. In Article 77 the words 'the third paragraph of Article 47 of the ECSC Statute, the third paragraph of Article 47 of the EEC Statute and the third paragraph of Article 48 of the Euratom Statute' shall be replaced by the words 'the third paragraph of

Article 47

of the EC Statute, the third paragraph of Article 47 of the ECSC Statute and the third paragraph of Article 48 of the Euratom Statute'.

14. In Article 80 the words 'the third paragraph of Article 47 of the ECSC Statute, the third paragraph of Article 47 of the EEC Statute and the third paragraph of Article 48 of the Euratom Statute' shall be replaced by the words 'the third paragraph of

Article 47

of the EC Statute, the third paragraph of Article 47 of the ECSC Statute and the third paragraph of Article 48 of the Euratom Statute'.

15. In Article 83 the words 'the second paragraph of Article 53 of the ECSC Statute, the second paragraph of Article 53 of the EEC Statute and the second paragraph of Article 54 of the Euratom Statute' shall be replaced by the words 'the second paragraph of Article 53 of the EC Statute, the second paragraph of Article 53 of the ECSC Statute and the second paragraph of Article 54 of the Euratom Statute'.

16. There shall be inserted in Article 87 (4) a new second subparagraph worded as follows:

'The States, other than the Member States, which are parties to the EEA Agreement, and also the EFTA Surveillance Authority, shall bear their own costs if they intervene in the proceedings.'

The former second subparagraph shall become the third subparagraph.

17. In Article 98 the words 'Articles 33 and 35 of the ECSC Treaty, Articles 173 and 175 of the EEC Treaty and Articles 146 and 148 of the Euratom Treaty' shall be replaced by the words 'Articles 173 and 175 of the EC Treaty, Articles 33 and 35 of the ECSC Treaty and Articles 146 and 148 of the Euratom Treaty'.

18. In Article 101 (1) the words 'the ECSC, EEC and Euratom Treaties' shall be replaced by the words 'the EC, ECSC and Euratom Treaties'.

19. In the first paragraph of Article 104 (1) the words 'the second paragraph of Article 39 of the ECSC Treaty, Article 185 of the EEC Treaty and Article 157 of the Euratom Treaty' shall be replaced by the words 'Article 185 of the EC Treaty, the second paragraph of Article 39 of the ECSC Treaty and Article 157 of the Euratom Treaty'.

20. In the second paragraph of Article 104 (1) the words 'the third paragraph of Article 39 of the ECSC Treaty, Article 186 of the EEC Treaty and Article 158 of the Euratom Treaty' shall be replaced by the words 'Article 186 of the EC Treaty, the third paragraph of Article 39 of the ECSC Treaty and Article 158 of the Euratom Treaty'.

21. In Article 110 the words 'Articles 44 and 92 of the ECSC Treaty, Articles 187 and 192 of the EEC Treaty and Articles 159 and 164 of the Euratom Treaty' shall be replaced by the words 'Articles 187 and 192 of the EC Treaty, Articles 44 and 92 of the ECSC Treaty and Articles 159 and 164 of the Euratom Treaty'.

22. In Article 112 the words 'the seocnd paragraph of Article 47 of the ECSC Statute, the second paragraph of Article 47 of the EEC Statute and the second paragraph of Article 48 of the Euratom Statute' shall be replaced by the words 'the second paragraph of Article 47 of the EC Statute, the second paragraph of Article 47 of the ECSC Statute and the second paragraph of Article 48 of the Euratom Statute'.

23. Article 115 (2) (f) first subparagraph shall be replaced by the following:

'A statement of the circumstances establishing the right to intervene, where the application is submitted pursuant to the second or third paragraph of Article 37 of the EC Statute, Article 34 of the ECSC Statute or the second paragraph of Article 38 of the Euratom Statute.'

24. In Article 115 (3) the words 'the first and second paragraphs of Article 20 of the ECSC Statute and Article 17 of the EEC and Euratom Statutes' shall be replaced by the words 'Article 17 of the EC Statute, the first and second paragraphs of Article 20 of the ECSC Statute and Article 17 of the Euratom Statute'.

25. In Article 125 the words 'the third paragraph of Article 38 of the ECSC Statute, the third paragraph of Article 41 of the EEC Statute and the third paragraph of Article 42 of the Euratom Statute' shall be replaced by the words 'the third paragraph of Article 41 of the EC Statute, the third paragraph of Article 38 of the ECSC Statute and the third paragraph of Article 42 of the Euratom Statute'.

Article 2

These amendments, which are authentic in the languages mentioned in Article 35 (1), shall be published in the Official Journal of the European Communities. They shall enter into force on the first day of the second month from the date of their publication.

Done at Luxembourg, 17 February 1995.

Registrar

H. JUNG President

J. L. DA CRUZ VILAÇA