1974Q1228 — EN — 05.10.1981 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B SUPPLEMENTARYRULES
(OJ L 350, 28.12.1974, p. 29)
Amended by:
Official Journal
No page date
►M1Amendment to the Supplementary Rules of the Court of Justice of the
EuropeanCommun ities of 16 September 1981L 282 1 5.10.1981
▼B
SUPPLEMENTARYRULES
CONTENTS
Chapter I — Letters rogatory (Articles 1 to 3) ….....................................
Chapter II — Legal aid (Articles 4 to 5) …...........................................Chapter III — Reports of perjury by a witness or expert (Articles 6 to 7)..............Final Provisions (Articles 8 to 9) … .....................................................
Annex I — List referred to in the first paragraph of Article 2 …....................Annex II — List referred to in the second paragraph of Article 4 … ..................
Annex III — List referred to in Article 6 …..........................................1974Q1228 — EN — 05.10.1981 — 001.001 — 2
▼B
THE COURT,
Having regard to Article 111 of the Rules of Procedure;
Having regard to Article 142 (4) of the Act concerning the conditions
of accession annexed to the Treaty concerning the accession of newMember States to the European Economic Community and to the
European Atomic Energy Community and to the Decision concerning
the accession of new Member States to the European Coal and SteelCommunity;
Having regard to the unanimous approval of the Council of the
EuropeanCommun ities givenon26 November 1974,
HAS ADOPTED THE FOLLOWING SUPPLEMENTARY RULES:
CHAPTER I
LETTERSROGATORY
Article 1
Letters rogatory shall be issued inthe form of anorder which shall
contain the names, forenames, description and address of the witnessor expert, set out the facts onwhich the witn ess or expert is to beexamined, name the parties, their agents, lawyers or advisers, indicatetheir addresses for service and briefly describe the subject matter of thedispute.
Notice of the order shall be served onthe parties by the Registrar.
Article 2
The Registrar shall send the order to the competent authority named in
Annex I of the Member State in whose territory the witness or expert isto be examined. Where necessary, the order shall be accompanied by a
translation into the official languages of the Member State to which it
is adressed.
The authority named pursuant to the first paragraph shall pass on the
order to the judicial authority which is competent according to itsnational law.
The competent judicial authority shall give effect to the letters rogatory
in accordance with its national law. After implementation the compe-tent judicial authority shall transmit to the authority named pursuantto the first paragraph the order embodying the letters rogatory, any
documents arising from the implementation and a detailed statement
of costs. These documents shall be sent to the Registrar of the Court.
The Registrar shall be responsible for the translation of the documents
into the language of the case.
Article 3
The Court shall defray the expenses occasioned by the letters rogatory
without prejudice to the right to charge them, where appropriate to theparties.
CHAPTER II
LEGALAID
Article 4
The Court, by any order by which it decides that a person is entitled to
receive legal aid, shall order that a lawyer be appointed to act for him.
If the person does not indicate his choice of lawyer, or if the Court
considers that his choice is unacceptable, the Registrar shall send acopy of the order and of the application for legal aid to the authoritynamed in Annex II, being the competent authority of the Stateconcerned. The Court, in the light of the suggestions made by that1974Q1228 — EN — 05.10.1981 — 001.001 — 3
▼B
authority, shall of its ownmotionappoin t a lawyer to act for the person
concerned.
Article 5
The Court shall advance the funds necessary to meet expenses. It shall
adjudicate on the lawyer's disbursements and fees; the President may,
onapplicationby the lawyer, order that he receive anadvan ce.
CHAPTER III
REPORTSOFPERJURYBYAWITNESSOREXPERT
Article 6
The Court, after hearing the Advocate-General, may decide to report to
the competent authority referred to in Annex III of the Member State,
whose courts have penal jurisdiction in any case of perjury on the partof a witness or expert before the Court, account being taken of theprovisions of Article 110 of the Rules of Procedure.
Article 7
The Registrar shall be responsible for communicating the Decision of
the Court.
The Decision shall set out the facts and circumstances on which the
report is based.
FINALPROVISIONS
Article 8
These Supplementary Rules replace the Supplementary Rules of 9
March 1962 (OJ, 1962, p. 1113).
Article 9
These rules, which shall be authentic in the languages referred to in
Article 29 (1) of the Rules of Procedure, shall be published inthe Offi-
cial Journal of the European Communities .
These rules shall enter into force on the date of their publication.1974Q1228 — EN — 05.10.1981 — 001.001 — 4
▼B
ANNEX I
Listreferred tointhefirstparagraphofArticle 2
Belgium
The Minister of Justice
Denmark
The Minister of Justice
France
The Minister of Justice
Germany
The Federal Minister of Justice
►M1Greece
The Minister of Justice ◄
Ireland
The Minister for Justice
Italy
The Minister of Justice
Luxembourg
The Minister of Justice
Netherlands
The Minister of Justice
United Kingdom
The Secretary of State1974Q1228 — EN — 05.10.1981 — 001.001 — 5
▼B
ANNEX II
Listreferred tointhesecondparagraphofArticle 4
Belgium
The Minister of Justice
Denmark
The Minister of Justice
France
The Minister of Justice
Germany
Bundesrechtsanwaltskammer
►M1Greece
The Minister of Justice ◄
Ireland
The Minister for Justice
Italy
The Minister of Justice
Luxembourg
The Minister of Justice
Netherlands
Algemene Raad van de Nederlandse Orde van Advocaten
United Kingdom
The Law Society, London
(for applicants resident in England or Wales)
The Law Society of Scotland, Edinburgh(for applicants resident in Scotland)
The Incorporated Law Society of Northern Ireland, Belfast
(for applicants resident in Northern Ireland)1974Q1228 — EN — 05.10.1981 — 001.001 — 6
▼B
ANNEX III
Listreferred toinArticle6
Belgium
The Minister of Justice
Denmark
The Minister of Justice
France
The Minister of Justice
Germany
The Federal Minister of Justice
►M1Greece
The Minister of Justice ◄
Ireland
The Attorney General
Italy
The Minister of Justice
Luxembourg
The Minister of Justice
Netherlands
The Minister of Justice
United Kingdom
Her Majesty's Attorney General, for witnesses or experts resident in
England or Wales
Her Majesty's Advocate, for witnesses or experts resident in ScotlandHer Majesty's Attorney General, for witnesses or experts resident in
NorthernIrelan d.1974Q1228 — EN — 05.10.1981 — 001.001 — 7