# L_2012068EN.01002001.xml

| 7.3.2012 | EN | Official Journal of the European Union | L 68/20 |
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7.3.2012

EN

Official Journal of the European Union

L 68/20

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AMENDMENTS TO THE INSTRUCTIONS TO THE REGISTRAR OF THE GENERAL COURT

THE GENERAL COURT

Having regard to Article 23 of its Rules of Procedure;

Having regard to the Instructions to the Registrar adopted on 5 July 2007, as amended by the decision of the General Court of 17 May 2010;

HAS ADOPTED THE FOLLOWING AMENDMENTS TO THE INSTRUCTIONS TO THE REGISTRAR:

Article 1

1.   (Does not apply to the English version.)

2.   Article 3 shall be amended as follows:

| — | in Article 3(1), a comma shall be added after the word ‘orders’ and after the word ‘Court’, and the words ‘all the documents placed’ shall be replaced by the words ‘all the procedural documents placed’; |
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in Article 3(1), a comma shall be added after the word ‘orders’ and after the word ‘Court’, and the words ‘all the documents placed’ shall be replaced by the words ‘all the procedural documents placed’;

| — | (does not apply to the English version); |
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(does not apply to the English version);

| — | the second subparagraph of Article 3(4) shall be replaced by the following:

  ‘The note of the registration, including the registration number and the date of entry in the register, shall be made on the original of the procedural document lodged by the parties or on the version deemed to be the original of that document, (1) as well as on every copy which is served on them. This note shall be in the language of the case.’; |
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the second subparagraph of Article 3(4) shall be replaced by the following:

‘The note of the registration, including the registration number and the date of entry in the register, shall be made on the original of the procedural document lodged by the parties or on the version deemed to be the original of that document, (1) as well as on every copy which is served on them. This note shall be in the language of the case.’;

| — | the content of Article 3(5) shall be replaced by the following:

  ‘When a procedural document is not entered in the register on the same day on which it is lodged, the date of lodgment shall be entered in the register and noted on the original version or the version deemed to be the original, as well as on the copies of that document.’; |
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the content of Article 3(5) shall be replaced by the following:

‘When a procedural document is not entered in the register on the same day on which it is lodged, the date of lodgment shall be entered in the register and noted on the original version or the version deemed to be the original, as well as on the copies of that document.’;

| — | in Article 3(6), the words ‘, the date referred to in Article 5 of the decision of the General Court of 14 September 2011
  ’ shall be added after the words ‘a Registry official or employee’. |
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in Article 3(6), the words ‘, the date referred to in Article 5 of the decision of the General Court of 14 September 2011
  ’ shall be added after the words ‘a Registry official or employee’.

3.   Article 4 shall be amended as follows:

| — | the second subparagraph of Article 4(2) shall become the first subparagraph of Article 4(3); |
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the second subparagraph of Article 4(2) shall become the first subparagraph of Article 4(3);

| — | the third subparagraph of Article 4(2) shall become the second subparagraph of Article 4(3); |
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the third subparagraph of Article 4(2) shall become the second subparagraph of Article 4(3);

| — | the fourth subparagraph of Article 4(2) shall be numbered Article 4(4); |
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the fourth subparagraph of Article 4(2) shall be numbered Article 4(4);

| — | Article 4(3) shall be renumbered Article 4(5). |
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Article 4(3) shall be renumbered Article 4(5).

4.   Article 5 shall be amended as follows:

| — | the content of Article 5(1) shall be replaced by the following:

  ‘The case-file shall contain: the procedural documents, where applicable together with their annexes, bearing the note referred to in the second subparagraph of Article 3(4) of these Instructions, signed by the Registrar; the decisions taken in the case, including any decisions relating to refusal to accept documents; reports for the hearing; minutes of the hearing; notices served by the Registrar; and any other documents or correspondence to be taken into consideration in deciding the case.’; |
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the content of Article 5(1) shall be replaced by the following:

‘The case-file shall contain: the procedural documents, where applicable together with their annexes, bearing the note referred to in the second subparagraph of Article 3(4) of these Instructions, signed by the Registrar; the decisions taken in the case, including any decisions relating to refusal to accept documents; reports for the hearing; minutes of the hearing; notices served by the Registrar; and any other documents or correspondence to be taken into consideration in deciding the case.’;

| — | in Article 5(2), the words ‘whether a document is to be placed on the case-file’ shall be replaced by the words ‘of the placing of a procedural document on the case-file’; |
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in Article 5(2), the words ‘whether a document is to be placed on the case-file’ shall be replaced by the words ‘of the placing of a procedural document on the case-file’;

| — | in the first subparagraph of Article 5(4), the word ‘original’ shall be deleted; |
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in the first subparagraph of Article 5(4), the word ‘original’ shall be deleted;

| — | the content of Article 5(5) shall be replaced by the following:

  ‘The confidential and non-confidential versions of procedural documents shall be filed separately in the case-file. Authorisation for access to the confidential version of procedural documents shall be granted only to the parties in respect of whom no confidential treatment has been ordered.’; |
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the content of Article 5(5) shall be replaced by the following:

‘The confidential and non-confidential versions of procedural documents shall be filed separately in the case-file. Authorisation for access to the confidential version of procedural documents shall be granted only to the parties in respect of whom no confidential treatment has been ordered.’;

| — | in Article 5(6), the words ‘A document which is produced’ shall be replaced by the words ‘A procedural document which is produced’; |
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in Article 5(6), the words ‘A document which is produced’ shall be replaced by the words ‘A procedural document which is produced’;

| — | in Article 5(7), the word ‘documents’ shall be replaced by the words ‘procedural documents’; |
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in Article 5(7), the word ‘documents’ shall be replaced by the words ‘procedural documents’;

| — | (does not apply to the English version). |
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(does not apply to the English version).

5.   Article 6 shall be amended as follows:

| — | in Article 6(1), the words ‘any information or documents’ shall be replaced by ‘certain information’; |
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in Article 6(1), the words ‘any information or documents’ shall be replaced by ‘certain information’;

| — | in the first subparagraph of Article 6(2), the words ‘certain information or documents’ shall be replaced by the words ‘certain information’, and the words ‘points 74 to 77’ shall be replaced by ‘points 88 to 91’. |
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in the first subparagraph of Article 6(2), the words ‘certain information or documents’ shall be replaced by the words ‘certain information’, and the words ‘points 74 to 77’ shall be replaced by ‘points 88 to 91’.

6.   Article 7 shall be amended as follows:

| — | in the title, the words ‘of documents’ shall be replaced by the words ‘of procedural documents’; |
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in the title, the words ‘of documents’ shall be replaced by the words ‘of procedural documents’;

| — | (does not apply to the English version); |
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(does not apply to the English version);

| — | in the second subparagraph of Article 7(1), the words ‘documents lodged’ shall be replaced by the words ‘procedural documents lodged’; |
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in the second subparagraph of Article 7(1), the words ‘documents lodged’ shall be replaced by the words ‘procedural documents lodged’;

| — | in the third subparagraph of Article 7(1), the word ‘pleading’ shall be replaced by the words ‘procedural document’, and the words ‘in points 55 and 56’, by the words ‘in point 55’; |
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in the third subparagraph of Article 7(1), the word ‘pleading’ shall be replaced by the words ‘procedural document’, and the words ‘in points 55 and 56’, by the words ‘in point 55’;

| — | in the fourth subparagraph of Article 7(1), the words ‘in points 57 and 59’ shall be replaced by the words ‘in points 64 and 66 to 68’, and the words ‘of a pleading’ shall be replaced by the words ‘of a procedural document’; |
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in the fourth subparagraph of Article 7(1), the words ‘in points 57 and 59’ shall be replaced by the words ‘in points 64 and 66 to 68’, and the words ‘of a pleading’ shall be replaced by the words ‘of a procedural document’;

| — | in Article 7(2), the words ‘pleadings or’ shall be deleted; |
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in Article 7(2), the words ‘pleadings or’ shall be deleted;

| — | in the first subparagraph of Article 7(3), the words ‘of documents’ shall be replaced by the words ‘of procedural documents’, the phrase ‘any decision determining the criteria for a procedural document sent to the Registry by electronic means to be deemed to be the original of that document as referred to in Article 43(7) of those Rules’ shall be replaced by the phrase ‘the decision of the General Court of 14 September 2011
  ’, and the word ‘handwritten’ shall be inserted before the word ‘signature’; |
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in the first subparagraph of Article 7(3), the words ‘of documents’ shall be replaced by the words ‘of procedural documents’, the phrase ‘any decision determining the criteria for a procedural document sent to the Registry by electronic means to be deemed to be the original of that document as referred to in Article 43(7) of those Rules’ shall be replaced by the phrase ‘the decision of the General Court of 14 September 2011
  ’, and the word ‘handwritten’ shall be inserted before the word ‘signature’;

| — | in Article 7(4), the words ‘pleading or’ and ‘to pleadings’ shall be deleted; |
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in Article 7(4), the words ‘pleading or’ and ‘to pleadings’ shall be deleted;

| — | in the first subparagraph of Article 7(5), the words ‘pleadings or’ shall be deleted; |
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in the first subparagraph of Article 7(5), the words ‘pleadings or’ shall be deleted;

| — | in the second subparagraph of Article 7(5), the words ‘documents annexed to a pleading or procedural document are not accompanied’ shall be replaced by the words ‘documents annexed to a procedural document are not accompanied’; |
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in the second subparagraph of Article 7(5), the words ‘documents annexed to a pleading or procedural document are not accompanied’ shall be replaced by the words ‘documents annexed to a procedural document are not accompanied’;

| — | (does not apply to the English version); |
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(does not apply to the English version);

| — | the content of Article 7(6) shall be replaced by the following:

  ‘Where a party challenges the Registrar’s refusal to accept a procedural document, the Registrar shall submit that document to the President for a decision on whether it is to be accepted.’. |
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the content of Article 7(6) shall be replaced by the following:

‘Where a party challenges the Registrar’s refusal to accept a procedural document, the Registrar shall submit that document to the President for a decision on whether it is to be accepted.’.

7.   In Article 9(2), the words ‘pleading or’ shall be deleted.

8.   Article 10 shall be amended as follows:

| — | in the first subparagraph of Article 10(1), the words ‘shall be effected,’ shall be deleted and the comma after the words ‘Rules of Procedure’ shall be replaced by the words ‘shall be effected’; |
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in the first subparagraph of Article 10(1), the words ‘shall be effected,’ shall be deleted and the comma after the words ‘Rules of Procedure’ shall be replaced by the words ‘shall be effected’;

| — | in the second subparagraph of Article 10(1), the last sentence shall be deleted; |
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in the second subparagraph of Article 10(1), the last sentence shall be deleted;

| — | in the second subparagraph of Article 10(4), the word ‘documents’ shall be replaced by the words ‘procedural documents’; |
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in the second subparagraph of Article 10(4), the word ‘documents’ shall be replaced by the words ‘procedural documents’;

| — | (does not apply to the English version); |
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(does not apply to the English version);

| — | the content of Article 10(6) shall be replaced by the following:

  ‘Where only one copy of an annex to a procedural document is produced, owing to its size or for other reasons, and copies cannot be served on the parties, the Registrar shall inform the parties accordingly and indicate to them that the annex is available to them at the Registry for inspection.’. |
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the content of Article 10(6) shall be replaced by the following:

‘Where only one copy of an annex to a procedural document is produced, owing to its size or for other reasons, and copies cannot be served on the parties, the Registrar shall inform the parties accordingly and indicate to them that the annex is available to them at the Registry for inspection.’.

9.   In Article 11(2), the word ‘Documents’ shall be replaced by the words ‘Procedural documents’.

10.   (Does not apply to the English version.)

11.   In Article 13(3), the words ‘evidence or documents produced’ shall be replaced by the words ‘procedural documents produced’.

12.   (Does not apply to the English version.)

13.   In Article 19(2), the words ‘, to the decision of the General Court of 14 September 2011 and the Conditions of Use of e-Curia’ shall be added after the words ‘Rules of Procedure’, and the phrase ‘pursuant to the Practice Directions to parties and pursuant to these Instructions to the Registrar’ shall be replaced by the phrase ‘to the Practice Directions to parties and to these Instructions to the Registrar,’.

Article 2

These amendments to the Instructions to the Registrar shall be published in the Official Journal of the European Union.

They shall enter into force on the day following their publication.

Done at Luxembourg, 24 January 2012.

E. COULON

Registrar

M. JAEGER

President

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(1)  In accordance with Article 3 of the decision of the General Court of 14 September 2011 on the lodging and service of procedural documents by means of e-Curia (OJ 2011 C 289, p. 9).

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