EN Official Journal of the European Union L 105/1

RULES OF PROCEDURE OF THE GENERAL COURT

Table of contents

INTRODUCTORY PROVISIONS 10

Article 1 Definitions 10

Article 2 Purport of these Rules 11

TITLE I — ORGANISATION OF THE GENERAL COURT 11

CHAPTER 1 — MEMBERS OF THE GENERAL COURT 11

Article 3 Duties of Judge and Advocate General 11

Article 4 Commencement of the term of office of Judges 11

Article 5 Taking of the oath 12

Article 6 Solemn undertaking 12

Article 7 Depriving a Judge of his office 12

Article 8 Order of seniority 12

CHAPTER 2 — PRESIDENCY OF THE GENERAL COURT 12

Article 9 Election of the President and of the Vice-President of the General Court 12

Article 10 Responsibilities of the President of the General Court 13

Article 11 Responsibilities of the Vice-President of the General Court 13

Article 12 Where the President and Vice-President of the General Court are prevented from acting 13

CHAPTER 3 — CHAMBERS AND FORMATIONS OF THE COURT 13

Section 1. Constitution of the Chambers and composition of the formations of the Court 13

Article 13 Constitution of Chambers 13

Article 14 Competent formation of the Court 14

Article 15 Composition of the Grand Chamber 14

Article 16 Withdrawal and excusing of a Judge 14

Article 17 Where a member of the formation of the Court is prevented from acting 14

Section 2. Presidents of Chambers 15

Article 18 Election of Presidents of Chambers 15

Article 19 Powers of the President of a Chamber 15

Article 20 Where the President of a Chamber is prevented from acting 15

Section 3. Deliberations 15

Article 21 Procedures concerning deliberations 15

Article 22 Number of Judges taking part in the deliberations 15

Article 23 Quorum of the Grand Chamber 16

Article 24 Quorum of the Chambers sitting with three or with five Judges 16

CHAPTER 4 — ASSIGNMENT AND REASSIGNMENT OF CASES, DESIGNATION OF JUDGE-RAPPORTEURS, REFERRAL TO FORMATIONS OF THE COURT AND DELEGATION TO A SINGLE JUDGE 16

Article 25 Assignment criteria 16

Article 26 First assignment of a case and designation of the Judge-Rapporteur 16

Article 27 Designation of a new Judge-Rapporteur and reassignment of a case 17

Article 28 Referral to a Chamber sitting with a different number of Judges 17

Article 29 Delegation to a single Judge 17

CHAPTER 5 — DESIGNATION OF ADVOCATES GENERAL 18

Article 30 Circumstances in which an Advocate General may be designated 18

Article 31 Procedures concerning the designation of an Advocate General 18

CHAPTER 6 — REGISTRY 18

Section 1. The Registrar 18

Article 32 Appointment of the Registrar 18

Article 33 Deputy Registrar 19

Article 34 Where the Registrar and Deputy Registrar are prevented from acting 19

Article 35 Responsibilities of the Registrar 19

Article 36 Keeping of the register 19

Article 37 Consultation of the register 20

Article 38 Access to the file in the case 20

Section 2. Other departments 20

Article 39 Officials and other servants 20

CHAPTER 7 — THE WORKING OF THE GENERAL COURT 20

Article 40 Location of the sittings of the General Court 20

Article 41 Calendar of the General Court's judicial business 20

Article 42 Plenum 21

Article 43 Drawing-up of minutes 21

TITLE II — LANGUAGES 21

Article 44 Language of a case 21

Article 45 Determination of the language of a case 21

Article 46 Use of the language of the case 22

Article 47 Responsibility of the Registrar concerning language arrangements 22

Article 48 Languages of the publications of the General Court 23

Article 49 Authentic texts 23

TITLE III — DIRECT ACTIONS 23

Article 50 Scope 23

CHAPTER 1 — GENERAL PROVISIONS 23

Section 1. Representation of the parties 23

Article 51 Obligation to be represented 23

Section 2. Rights and obligations of parties' representatives 23

Article 52 Privileges, immunities and facilities 23

Article 53 Status of the parties' representatives 24

Article 54 Waiver of immunity 24

Article 55 Exclusion from the proceedings 24

Article 56 University teachers 24

Section 3. Service 24

Article 57 Methods of service 24

Section 4. Time limits 25

Article 58 Calculation of time limits 25

Article 59 Proceedings against a measure adopted by an institution and published in the Official Journal of the European Union 25

Article 60 Extension on account of distance 25

Article 61 Setting and extension of time limits 26

Article 62 Procedural documents lodged out of time 26

Section 5. Conduct of the proceedings and procedures for dealing with cases 26

Article 63 Conduct of the proceedings 26

Article 64 Adversarial nature of the proceedings 26

Article 65 Service of procedural documents and of decisions taken in the course of proceedings 26

Article 66 Anonymity and omission of certain information vis-à-vis the public 26

Article 67 Order in which cases are dealt with 26

Article 68 Joinder 27

Article 69 Circumstances in which proceedings may be stayed 27

Article 70 Decisions to stay and to resume proceedings 27

Article 71 Length and effects of a stay 27

CHAPTER 2 — PROCEDURAL DOCUMENTS 28

Article 72 Common rules for the lodging of procedural documents 28

Article 73 Lodging at the Registry of a procedural document in paper form 28

Article 74 Electronic lodgement 28

Article 75 Length of written pleadings 28

CHAPTER 3 — WRITTEN PART OF THE PROCEDURE 29

Article 76 Content of the application 29

Article 77 Information relating to service 29

Article 78 Annexes to the application 29

Article 79 Notice in the Official Journal of the European Union 29

Article 80 Service of the application 30

Article 81 Defence 30

Article 82 Transmission of documents 30

Article 83 Reply and rejoinder 30

CHAPTER 4 — PLEAS IN LAW, EVIDENCE AND MODIFICATION OF THE APPLICATION 30

Article 84 New pleas in law 30

Article 85 Evidence produced or offered 31

Article 86 Modification of the application 31

CHAPTER 5 — THE PRELIMINARY REPORT 32

Article 87 Preliminary report 32

CHAPTER 6 — MEASURES OF ORGANISATION OF PROCEDURE AND MEASURES OF INQUIRY 32

Article 88 General 32

Section 1. Measures of organisation of procedure 32

Article 89 Purpose 32

Article 90 Procedure 33

Section 2. Measures of inquiry 33

Article 91 Purpose 33

Article 92 Procedure 33

Article 93 Summoning of witnesses 34

Article 94 Examination of witnesses 34

Article 95 Duties of witnesses 34

Article 96 Expert's report 34

Article 97 Witnesses' and experts' oath 35

Article 98 Perjury by witnesses or experts 35

Article 99 Objection to a witness or expert 35

Article 100 Witnesses' and experts' costs 35

Article 101 Letters rogatory 35

Article 102 Minutes of inquiry hearings 36

Section 3. Treatment of confidential information, items and documents produced in the context of measures of inquiry 36

Article 103 Treatment of confidential information and material 36

Article 104 Documents to which access has been denied by an institution 37

CHAPTER 7 — INFORMATION OR MATERIAL PERTAINING TO THE SECURITY OF THE UNION OR THAT OF ONE OR MORE OF ITS MEMBER STATES OR TO THE CONDUCT OF THEIR INTERNATIONAL RELATIONS 37

Article 105 Treatment of information or material pertaining to the security of the Union or that of one or more of its Member States or to the conduct of their international relations 37

CHAPTER 8 — ORAL PART OF THE PROCEDURE 38

Article 106 Oral part of the procedure 38

Article 107 Date of the hearing 38

Article 108 Absence of the parties from the hearing 38

Article 109 Cases heard in camera 39

Article 110 Conduct of the hearing 39

Article 111 Close of the oral part of the procedure 39

Article 112 Delivery of the Opinion of the Advocate General 39

Article 113 Reopening of the oral part of the procedure 39

Article 114 Minutes of the hearing 39

Article 115 Recording of the hearing 40

CHAPTER 9 — JUDGMENTS AND ORDERS 40

Article 116 Date of delivery of a judgment 40

Article 117 Content of a judgment 40

Article 118 Delivery and service of the judgment 40

Article 119 Content of an order 40

Article 120 Signature and service of the order 41

Article 121 Binding nature of judgments and orders 41

Article 122 Publication in the Official Journal of the European Union 41

CHAPTER 10 — JUDGMENTS BY DEFAULT 41

Article 123 Judgments by default 41

CHAPTER 11 — AMICABLE SETTLEMENT AND DISCONTINUANCE 42

Article 124 Amicable settlement 42

Article 125 Discontinuance 42

CHAPTER 12 — ACTIONS AND ISSUES DETERMINED BY ORDER 42

Article 126 Action manifestly bound to fail 42

Article 127 Referral of a case to the Court of Justice or to the Civil Service Tribunal 42

Article 128 Declining of jurisdiction 42

Article 129 Absolute bar to proceeding with a case 43

Article 130 Preliminary objections and issues 43

Article 131 Cases that, of the General Court's own motion, do not proceed to judgment 43

Article 132 Actions that are manifestly well founded 43

CHAPTER 13 — COSTS 44

Article 133 Decision as to costs 44

Article 134 General rules as to allocation of costs 44

Article 135 Equity and unreasonable or vexatious costs 44

Article 136 Costs in the event of discontinuance or withdrawal 44

Article 137 Costs where a case does not proceed to judgment 44

Article 138 Costs of interveners 44

Article 139 Costs of proceedings 45

Article 140 Recoverable costs 45

Article 141 Procedure for payment 45

CHAPTER 14 — INTERVENTION 45

Article 142 Object and effects of the intervention 45

Article 143 Application to intervene 45

Article 144 Decision on applications to intervene 46

Article 145 Submission of statements 46

CHAPTER 15 — LEGAL AID 47

Article 146 General 47

Article 147 Application for legal aid 47

Article 148 Decision on the application for legal aid 47

Article 149 Advances and responsibility for costs 48

Article 150 Withdrawal of legal aid 48

CHAPTER 16 — URGENT PROCEDURES 49

Section 1. Expedited procedure 49

Article 151 Decision relating to the expedited procedure 49

Article 152 Request for an expedited procedure 49

Article 153 Priority treatment 49

Article 154 Written part of the procedure 49

Article 155 Oral part of the procedure 50

Section 2. Suspension of operation or enforcement and other interim measures 50

Article 156 Application for suspension or other interim measures 50

Article 157 Procedure 50

Article 158 Decision on the application 50

Article 159 Change in circumstances 51

Article 160 New application 51

Article 161 Applications pursuant to Articles 280 TFEU, 299 TFEU and 164 TEAEC 51

CHAPTER 17 — APPLICATIONS RELATING TO JUDGMENTS AND ORDERS 51

Article 162 Assignment of the application 51

Article 163 Stay of proceedings 51

Article 164 Rectification of judgments and orders 52

Article 165 Failure to adjudicate 52

Article 166 Application to set aside a judgment by default 52

Article 167 Third-party proceedings 52

Article 168 Interpretation of judgments and orders 53

Article 169 Revision 53

Article 170 Dispute concerning the costs to be recovered 54

TITLE IV — PROCEEDINGS RELATING TO INTELLECTUAL PROPERTY RIGHTS 54

Article 171 Scope 54

CHAPTER 1 — THE PARTIES TO THE PROCEEDINGS 54

Article 172 Defendant 54

Article 173 Status before the General Court of the other parties to the proceedings before the Board of Appeal 54

Article 174 Replacement of a party 55

Article 175 Application for replacement of a party 55

Article 176 Decision on the application for replacement of a party 55

CHAPTER 2 — THE APPLICATION AND RESPONSES 56

Article 177 Application 56

Article 178 Service of the application 56

Article 179 Parties authorised to lodge a response 57

Article 180 Response 57

Article 181 Close of the written part of the procedure 57

CHAPTER 3 — CROSS-CLAIMS 57

Article 182 Cross-claim 57

Article 183 Content of the cross-claim 57

Article 184 Form of order sought, pleas in law and arguments contained in the cross-claim 58

Article 185 Response to the cross-claim 58

Article 186 Close of the written part of the procedure 58

Article 187 Relationship between the main action and the cross-claim 58

CHAPTER 4 — OTHER ASPECTS OF THE PROCEDURE 58

Article 188 Subject-matter of the proceedings before the General Court 58

Article 189 Length of written pleadings 58

Article 190 Provisions relating to costs 58

Article 191 Other provisions applicable 59

TITLE V — APPEALS AGAINST DECISIONS OF THE CIVIL SERVICE TRIBUNAL 59

Article 192 Scope 59

CHAPTER 1 — THE APPEAL 59

Article 193 Lodging of the appeal 59

Article 194 Content of the appeal 59

Article 195 Form of order sought, pleas in law and arguments contained in the appeal 60

Article 196 Form of order sought in the event that the appeal is allowed 60

CHAPTER 2 — THE RESPONSE, THE REPLY AND THE REJOINDER 60

Article 197 Service of the appeal 60

Article 198 Parties authorised to lodge a response 60

Article 199 Content of the response 60

Article 200 Form of order sought in the response 61

Article 201 Reply and rejoinder 61

CHAPTER 3 — THE CROSS-APPEAL 61

Article 202 Cross-appeal 61

Article 203 Content of the cross-appeal 61

Article 204 Form of order sought, pleas in law and arguments contained in the cross-appeal 61

CHAPTER 4 — PLEADINGS CONSEQUENT ON THE CROSS-APPEAL 62

Article 205 Response to the cross-appeal 62

Article 206 Reply and rejoinder following a cross-appeal 62

CHAPTER 5 — THE ORAL PART OF THE PROCEDURE 62

Article 207 Oral part of the procedure 62

CHAPTER 6 — APPEALS DETERMINED BY ORDER 62

Article 208 Manifestly inadmissible or manifestly unfounded appeal or cross-appeal 62

Article 209 Manifestly well-founded appeal or cross-appeal 62

CHAPTER 7 — EFFECT ON A CROSS-APPEAL OF THE REMOVAL OF THE APPEAL FROM THE REGISTER 63

Article 210 Effect on a cross-appeal of the discontinuance or manifest inadmissibility of the appeal 63

CHAPTER 8 — COSTS IN APPEALS 63

Article 211 Provisions relating to costs in appeals 63

CHAPTER 9 — OTHER PROVISIONS APPLICABLE TO APPEALS 63

Article 212 Length of written pleadings 63

Article 213 Other provisions applicable to appeals 63

CHAPTER 10 — APPEALS AGAINST DECISIONS DISMISSING AN APPLICATION TOINTERVENE AND AGAINST DECISIONS ON INTERIM MEASURES 64

Article 214 Appeals against decisions dismissing an application to intervene and against decisions on interim measures 64

TITLE VI — PROCEDURES AFTER A CASE IS REFERRED BACK TO THE GENERAL COURT 64

CHAPTER 1 — DECISIONS OF THE GENERAL COURT GIVEN AFTER ITS DECISION HAS BEEN SET ASIDE AND THE CASE REFERRED BACK TO IT 64

Article 215 Setting aside and referral back by the Court of Justice 64

Article 216 Assignment of the case 64

Article 217 Conduct of the proceedings 64

Article 218 Rules applicable to the procedure 64

Article 219 Costs 65

CHAPTER 2 — DECISIONS OF THE GENERAL COURT GIVEN AFTER ITS DECISION HAS BEEN REVIEWED AND THE CASE REFERRED BACK TO IT 65

Article 220 Review and referral back by the Court of Justice 65

Article 221 Assignment of the case 65

Article 222 Conduct of the proceedings 65

Article 223 Costs 65

FINAL PROVISIONS 65

Article 224 Implementing rules 65

Article 225 Enforcement 65

Article 226 Repeal 66

Article 227 Publication and entry into force of these Rules 66

RULES OF PROCEDURE OF THE GENERAL COURT

THE GENERAL COURT,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular the fifth paragraph of Article 254 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Having regard to the Protocol on the Statute of the Court of Justice of the European Union, and in particular the sixth paragraph of Article 19, Article 63 and the second paragraph of Article 64 thereof,

Whereas:

(1) The Rules of Procedure of 2 May 1991 have been amended numerous times in order to equip the General Court gradually with provisions enabling it to deal under the best possible conditions with different kinds of cases falling within increasingly varied areas.

(2) Full revision of the text is necessary in order to give this set of rules a new coherence, to promote consistency in the procedural provisions governing proceedings brought before the Courts of the European Union, to preserve the capacity of the General Court to rule on cases within a reasonable time, to clarify parties' rights, to specify the General Court's expectations regarding the parties' representatives and to adjust a certain number of provisions to take account of certain changes, including technological changes, in relation to the lodging and service of procedural documents, and of difficulties encountered in their implementation.

(3) Actions brought in the field of intellectual property and appeals lodged against decisions of the European Union Civil Service Tribunal must, on account of their specific nature, be subject to particular procedural rules set out in special titles, while being otherwise governed by the procedural provisions applicable to direct actions. The rules relating to direct actions, actions in the field of intellectual property and appeals therefore constitute the framework of these Rules.

(4) In the light of experience, it is also necessary to supplement or to clarify for the benefit of litigants the rules that apply to each procedure. The rules in question concern, in particular, the extent of the rights conferred on the main parties and that of the rights afforded to interveners or, in intellectual property cases, the acquisition of the status of intervener and the extent of his rights. Observance of the adversarial principle and the need, in certain situations, to preserve the confidentiality of sensitive information which is relevant to the outcome of the proceedings are the subject of specific provisions. With regard to appeals against decisions of the Civil Service Tribunal, a clearer distinction must in addition be drawn between appeals and cross-appeals following the service of an appeal. A similar distinction must be drawn, with regard to cases in the field of intellectual property, between the original action and the cross-claim brought by an intervener, following service of the application initiating proceedings.

(5) The excessive complexity of certain procedures has come to light on their implementation. It is appropriate, therefore, to simplify them. On that basis, the rules for determining the language of the case in intellectual property cases ensure greater predictability of situations for the benefit of those concerned and a ‘light touch’ by the General Court. The rules relating to the default procedure are intended to enable cases to be disposed of more promptly, in the interests of the applicant, who, if successful, is exposed to the risk of the defendant applying for the judgment in default to be set aside.

(6) In the interests of making the Rules easier to understand, all requests and applications relating to judgments and orders, currently to be found in a number of separate titles and chapters of the Rules of Procedure, should be brought together in the title relating to direct actions. Similarly, to assist the reader, the procedures following referral by the Court of Justice, either after a decision has been set aside, or after review, are set out in a single title.

(7) Although required to deal with an ever-increasing caseload, the General Court must continue to deliver its rulings within a reasonable time. It is therefore essential to continue the efforts undertaken to reduce the duration of proceedings before the General Court, in particular by providing for the written part of the procedure in intellectual property cases to be limited to a single exchange of pleadings, managing applications to modify the form of order sought in the application, reducing certain legal time limits, simplifying the rules on intervention by removing as a category of intervention those which may be allowed after expiry of the legal time limit following publication in the Official Journal of the European Union, making provision for the General Court to be able to rule without an oral part of the procedure in direct actions if none of the main parties has requested a hearing and if it considers that it has sufficient information available to it from the material in the file in the case, and to be able to rule without an oral part of the procedure in appeals, increasing the decision-making powers of the Presidents of Chambers and, lastly, increasing the circumstances in which a ruling is to be given by means of a simple decision.

(8) With the same objective, provisions have been added to the title relating to the organisation of the General Court with a view, in particular, to specifying the circumstances in which a case may be reassigned and extending the powers of a single Judge so as to enable him to hear and determine intellectual property cases.

(9) The fact that proceedings are to be conducted in accordance with the adversarial principle is confirmed by the affirmation of that principle in a specific article and by a strict set of rules governing the circumstances in which preservation of the confidentiality of certain information provided by a main party which is necessary in order for the General Court to rule in the case justifies, exceptionally, the non-communication of that information to the other main party. New provisions also provide the General Court with a formal framework in the event of a Judge's withdrawal from a case or of his being excused. The reform is also intended to elevate to the status of rules of procedure provisions which were previously contained in practice directions to parties, such as that relating to the length of pleadings, or in instructions to the registrar of the General Court, such as the provision concerning anonymity and that specifying the circumstances in which a third party may be given access to the file in the case.

(10) Lastly, the text has been made easier to read by the removal of certain rules which are outdated or not applied, the numbering of every paragraph of the articles in these Rules, the addition of a specific heading for each article and the harmonisation of terminology,

With the agreement of the Court of Justice,

With the approval of the Council given on 10 February 2015,

HAS ADOPTED THESE RULES OF PROCEDURE:

INTRODUCTORY PROVISIONS

Article 1

Definitions

1. In these Rules:

(a) provisions of the Treaty on European Union are referred to by the number of the article concerned followed by ‘TEU’;

(b) provisions of the Treaty on the Functioning of the European Union are referred to by the number of the article concerned followed by ‘TFEU’;

(c) provisions of the Treaty establishing the European Atomic Energy Community are referred to by the number of the article concerned followed by ‘TEAEC’;

(d) ‘Statute’ means the Protocol on the Statute of the Court of Justice of the European Union;

(e) ‘EEA Agreement’ means the Agreement on the European Economic Area (1);

(f) ‘Council Regulation No 1’ means Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (2).

2. For the purposes of these Rules:

(a) ‘General Court’ means, in cases assigned or referred to a Chamber, that Chamber, and, in cases delegated or assigned to a single Judge, that Judge;

(b) ‘President’, unless otherwise specified, means: — in cases not yet assigned to a formation of the Court, the President of the General Court, — in cases assigned to Chambers, the President of the Chamber to which the case is assigned, — in cases delegated or assigned to a single Judge, that Judge;

(c) ‘party’ and ‘parties’, unless otherwise specified, means any party to the proceedings, including interveners;

(d) ‘main party’ and ‘main parties’ means the applicant or the defendant or both of them, as the case may be;

(e) ‘representatives of the parties’ means the lawyers and agents, the latter assisted, where appropriate, by an adviser or lawyer, representing the parties before the General Court in accordance with Article 19 of the Statute;

(f) ‘institution’ and ‘institutions’ means the institutions of the European Union referred to in Article 13(1) TEU and the bodies, offices or agencies established by the Treaties, or by an act adopted in implementation thereof, which may be parties before the General Court;

(g) ‘Office’ means the Office for Harmonization in the Internal Market (Trade Marks and Designs) or the Community Plant Variety Office, as the case may be;

(h) ‘EFTA Surveillance Authority’ means the European Free Trade Association surveillance authority referred to in the EEA Agreement;

(i) ‘direct actions’ means actions brought on the basis of Articles 263 TFEU, 265 TFEU, 268 TFEU or 272 TFEU.

Article 2

Purport of these Rules

These Rules implement and supplement, so far as necessary, the relevant provisions of the EU, FEU and EAEC Treaties, and the Statute.

TITLE I

ORGANISATION OF THE GENERAL COURT

Chapter 1

MEMBERS OF THE GENERAL COURT

Article 3

Duties of Judge and Advocate General

1. Every Member of the General Court shall, as a rule, perform the duties of a Judge.

2. Members of the General Court are hereinafter referred to as ‘Judges’.

3. Every Judge, with the exception of the President, the Vice-President and the Presidents of Chambers of the General Court, may, in the circumstances defined in Articles 30 and 31, perform the duties of an Advocate General in a particular case.

4. References to the Advocate General in these Rules shall apply only where a Judge has been designated as Advocate General.

Article 4

Commencement of the term of office of Judges

The term of office of a Judge shall begin on the date fixed for that purpose in the instrument of appointment. In the absence of any provision in that instrument regarding the date of commencement of the term of office, that term shall begin on the date of publication of the instrument in the Official Journal of the European Union.

Article 5

Taking of the oath

Before taking up his duties, a Judge shall take the following oath before the Court of Justice, provided for in Article 2 of the Statute:

‘I swear that I will perform my duties impartially and conscientiously; I swear that I will preserve the secrecy of the deliberations of the Court.’

Article 6

Solemn undertaking

Immediately after taking the oath, a Judge shall sign a declaration by which he gives the solemn undertaking provided for in the third paragraph of Article 4 of the Statute.

Article 7

Depriving a Judge of his office

1. Where the Court of Justice is called upon, pursuant to Article 6 of the Statute, to decide, after consulting the General Court, whether a Judge of the General Court no longer fulfils the requisite conditions or no longer meets the obligations arising from his office, the President of the General Court shall invite the Judge concerned to make representations to the General Court, in the absence of the Registrar.

2. The General Court shall state the reasons for its opinion.

3. An opinion to the effect that a Judge of the General Court no longer fulfils the requisite conditions or no longer meets the obligations arising from his office must receive the votes of a majority of the Judges composing the General Court according to Article 48 of the Statute. In that event, particulars of the voting shall be communicated to the Court of Justice.

4. Voting shall be by secret ballot in the absence of the Registrar; the Judge concerned shall not take part in the deliberations.

Article 8

Order of seniority

1. The seniority of Judges shall be calculated according to the date on which they took up their duties.

2. Where there is equal seniority on that basis, the order shall be determined by age.

3. Judges whose terms of office are renewed shall retain their former seniority.

Chapter 2

PRESIDENCY OF THE GENERAL COURT

Article 9

Election of the President and of the Vice-President of the General Court

1. The Judges shall, immediately after the partial replacement provided for in the second paragraph of Article 254 TFEU, elect one of their number as President of the General Court for a term of three years.

2. If the office of President of the General Court falls vacant before the normal date of expiry of the term thereof, the General Court shall elect a successor for the remainder of the term.

3. The elections provided for in this Article shall be by secret ballot. The Judge obtaining the votes of more than half the Judges composing the General Court according to Article 48 of the Statute shall be elected. If no Judge obtains that majority, further ballots shall be held until that majority is attained.

4. The Judges shall then elect one of their number as Vice-President of the General Court for a term of three years, in accordance with the procedures laid down in paragraph 3. Paragraph 2 shall apply if the office of the Vice-President of the General Court falls vacant before the normal date of expiry of the term thereof.

5. The names of the President and Vice-President of the General Court elected in accordance with this Article shall be published in the Official Journal of the European Union.

Article 10

Responsibilities of the President of the General Court

1. The President of the General Court shall represent the General Court.

2. The President of the General Court shall direct the judicial business and the administration of the General Court.

3. The President of the General Court shall preside at the plenum referred to in Article 42.

4. The President of the General Court shall preside over the Grand Chamber. In that case Article 19 shall apply.

5. If the President of the General Court is attached to a Chamber, he shall preside over that Chamber. In that case Article 19 shall apply.

6. In cases not yet assigned to a formation of the Court, the President of the General Court may adopt the measures of organisation of procedure provided for in Article 89.

Article 11

Responsibilities of the Vice-President of the General Court

1. The Vice-President of the General Court shall assist the President of the General Court in the performance of his duties and shall take the President's place when the latter is prevented from acting.

2. He shall take the President's place, at the latter's request, in performing the duties referred to in Article 10(1) and (2).

3. The General Court shall, by decision, specify the conditions under which the Vice-President of the General Court shall take the place of the President of the General Court in the performance of his judicial duties. That decision shall be published in the Official Journal of the European Union.

4. Subject to Article 10(5), if the Vice-President of the General Court is attached to a Chamber, he shall preside over that Chamber. In that case Article 19 shall apply.

Article 12

Where the President and Vice-President of the General Court are prevented from acting

When the President and the Vice-President of the General Court are simultaneously prevented from acting, the functions of President shall be exercised by a President of a Chamber or, failing that, by one of the other Judges, according to the order of seniority laid down in Article 8.

Chapter 3

CHAMBERS AND FORMATIONS OF THE COURT

Section 1

Constitution of the Chambers and composition of the formations of the Court

Article 13

Constitution of Chambers

1. The General Court shall set up Chambers sitting with three and with five Judges.

2. The General Court shall decide, on a proposal from the President of the General Court, which Judges shall be attached to the Chambers.

3. The decisions taken in accordance with this Article shall be published in the Official Journal of the European Union.

Article 14

Competent formation of the Court

1. Cases before the General Court shall be heard and determined by Chambers sitting with three or with five Judges in accordance with Article 13.

2. Cases may be heard and determined by the Grand Chamber under the conditions laid down in Article 28.

3. Cases may be heard and determined by a single Judge where they are delegated to him under the conditions laid down in Article 29.

Article 15

Composition of the Grand Chamber

1. The Grand Chamber shall be composed of 15 Judges.

2. The General Court shall decide how to designate the Judges composing the Grand Chamber. The decision shall be published in the Official Journal of the European Union.

Article 16

Withdrawal and excusing of a Judge

1. Where a Judge considers, in accordance with the first and second paragraphs of Article 18 of the Statute, that he should not take part in the disposal of a case, he shall so inform the President of the General Court who shall exempt him from sitting.

2. Where the President of the General Court considers that a Judge should not, in accordance with the first and second paragraphs of Article 18 of the Statute, take part in the disposal of a case, he shall notify the Judge concerned and shall hear that Judge before giving his decision.

3. In accordance with the third paragraph of Article 18 of the Statute, in the event of any difficulty arising as to the application of this Article, the President of the General Court shall refer the matters referred to in paragraphs 1 and 2 to the plenum. In that case, voting shall be by secret ballot in the absence of the Registrar after the Judge concerned has been heard; the latter shall not take part in the deliberations.

Article 17

Where a member of the formation of the Court is prevented from acting

1. If in the Grand Chamber the number of Judges provided for by Article 15 is not attained as a result of a Judge's being prevented from acting before the deliberations have begun or before the case is pleaded, the President of the General Court shall designate a Judge to complete that Chamber in order to restore the requisite number of Judges.

2. If in a Chamber sitting with three or five Judges the number of Judges provided for is not attained as a result of a Judge's being prevented from acting before the deliberations have begun or before the case is pleaded, the President of that Chamber shall designate another Judge of that Chamber to replace the Judge prevented from acting. If it is not possible to replace the Judge prevented from acting with a Judge of the same Chamber, the President of that Chamber shall notify the President of the General Court, who shall designate, according to the criteria determined by the General Court, another Judge in order to restore the requisite number of Judges. The decision containing those criteria shall be published in the Official Journal of the European Union.

3. If the Judge to whom the case has been delegated or assigned as a single Judge is prevented from acting, the President of the General Court shall designate another Judge to replace that Judge.

Section 2

Presidents of Chambers

Article 18

Election of Presidents of Chambers

1. The Judges shall elect from among their number, in accordance with Article 9(3), the Presidents of the Chambers sitting with three and with five Judges.

2. The Presidents of Chambers sitting with five Judges shall be elected for a term of three years. They may be re-elected once.

3. The Presidents of Chambers sitting with three Judges shall be elected for a defined term.

4. The election of the Presidents of Chambers sitting with five Judges shall take place immediately after the elections of the President and the Vice-President of the General Court provided for in Article 9.

5. If the office of the President of a Chamber falls vacant before the normal date of expiry of the term thereof, the Judges shall elect a successor for the remainder of the term.

6. The names of the Presidents of Chambers elected in accordance with this Article shall be published in the Official Journal of the European Union.

Article 19

Powers of the President of a Chamber

1. The President of a Chamber shall exercise the powers conferred on him by these Rules after hearing the Judge-Rapporteur.

2. The President of a Chamber may refer any decision falling within his remit to the Chamber.

Article 20

Where the President of a Chamber is prevented from acting

Without prejudice to Article 10(5) and Article 11(4), when the President of a Chamber is prevented from acting, his functions shall be exercised by a Judge of that formation of the Court according to the order laid down in Article 8.

Section 3

Deliberations

Article 21

Procedures concerning deliberations

1. The deliberations of the General Court shall be and shall remain secret.

2. When a hearing has taken place, only those Judges who participated in that hearing shall take part in the deliberations.

3. Every Judge taking part in the deliberations shall state his opinion and the reasons for it.

4. The conclusions reached by the majority of the Judges after final discussion shall determine the decision of the General Court. Votes shall be cast in reverse order to the order laid down in Article 8, with the exception of the Judge-Rapporteur who shall vote first and the President who shall vote last.

Article 22

Number of Judges taking part in the deliberations

Where, as a result of a Judge's being prevented from acting, there is an even number of Judges, the most junior Judge for the purposes of Article 8 shall abstain from taking part in the deliberations unless he is the President or the Judge-Rapporteur. In the latter case, the Judge immediately senior to him shall abstain from taking part in the deliberations.

Article 23

Quorum of the Grand Chamber

1. Decisions of the Grand Chamber shall be valid only if 11 Judges are sitting.

2. If, as a result of a Judge's being prevented from acting, that quorum has not been attained, the President of the General Court shall designate another Judge in order to attain the quorum of the Grand Chamber.

3. If the quorum is no longer attained but the hearing has taken place, the Judge prevented from acting shall be replaced as provided in paragraph 2 and a new hearing shall be organised at the request of a main party. It may also be organised by the General Court of its own motion. A new hearing must be held if measures of inquiry have been adopted in accordance with Article 91(a) and (d) and Article 96(2). If no new hearing is organised, Article 21(2) shall not apply.

Article 24

Quorum of the Chambers sitting with three or with five Judges

1. Decisions of the Chambers sitting with three or with five Judges shall be valid only if three Judges are sitting.

2. If, as a result of a Judge's being prevented from acting, the quorum has not been attained in a Chamber sitting with three or with five Judges, the President of that Chamber shall designate another Judge of the same Chamber to replace the Judge prevented from acting. If it is not possible to replace the Judge prevented from acting with a Judge of the same Chamber, the President of the Chamber concerned shall notify the President of the General Court, who shall designate, according to the criteria determined by the General Court, another Judge in order to attain the quorum of the Chamber. The decision containing those criteria shall be published in the Official Journal of the European Union.

3. If the quorum is no longer attained but the hearing has taken place, the Judge prevented from acting shall be replaced as provided in paragraph 2 and a new hearing shall be organised at the request of a main party. It may also be organised by the General Court of its own motion. A new hearing must be held if measures of inquiry have been adopted in accordance with Article 91(a) and (d) and Article 96(2). A new hearing must be held if more than one Judge who took part in the original hearing has to be replaced. If no new hearing is organised, Article 21(2) shall not apply.

Chapter 4

ASSIGNMENT AND REASSIGNMENT OF CASES, DESIGNATION OF JUDGE-RAPPORTEURS, REFERRAL TO FORMATIONS OF THE COURT AND DELEGATION TO A SINGLE JUDGE

Article 25

Assignment criteria

1. The General Court shall lay down criteria by which cases are to be allocated among the Chambers. The General Court may make one or more Chambers responsible for hearing and determining cases in specific matters.

2. The decision shall be published in the Official Journal of the European Union.

Article 26

First assignment of a case and designation of the Judge-Rapporteur

1. As soon as possible after the document initiating proceedings has been lodged, the President of the General Court shall assign the case to a Chamber according to the criteria laid down by the General Court in accordance with Article 25.

2. The President of the Chamber shall propose to the President of the General Court, in respect of each case assigned to the Chamber, the designation of a Judge to act as Rapporteur. The President of the General Court shall decide on the proposal.

3. If in any Chamber sitting with three or with five Judges the number of Judges assigned to that Chamber is higher than three or five respectively, the President of the Chamber shall decide which of the Judges will be called upon to take part in the judgment of the case.

Article 27

Designation of a new Judge-Rapporteur and reassignment of a case

1. If the Judge-Rapporteur is prevented from acting, the President of the competent formation of the Court shall notify the President of the General Court, who shall designate a new Judge-Rapporteur. If the new Judge-Rapporteur is not attached to the Chamber to which the case was first assigned, the case shall be heard and determined by the Chamber in which the new Judge-Rapporteur sits.

2. In order to take account of a connection between cases on the basis of their subject-matter, the President of the General Court may, by reasoned decision and after consulting the Judge-Rapporteurs concerned, reassign the cases to enable the same Judge-Rapporteur to conduct preparatory inquiries in all the cases concerned. If the Judge-Rapporteur to whom the cases have been reassigned does not belong to the Chamber to which the cases were first assigned, the cases shall be heard and determined by the Chamber in which the new Judge-Rapporteur sits.

3. In the interests of the proper administration of justice, and by way of exception, the President of the General Court may, before the presentation of the preliminary report referred to in Article 87, by reasoned decision and after consulting the Judges concerned, designate another Judge-Rapporteur. If that Judge-Rapporteur is not attached to the Chamber to which the case was first assigned, the case shall be heard and determined by the Chamber in which the new Judge-Rapporteur sits.

4. Before designating the Judge-Rapporteur as provided in paragraphs 1 to 3, the President of the General Court shall seek the views of the Presidents of the Chambers concerned.

5. Where the composition of the Chambers has changed as a result of a decision of the General Court on the assignment of Judges to Chambers, a case shall be heard and determined by the Chamber in which the Judge-Rapporteur sits following that decision, unless the deliberations have commenced or the oral part of the procedure has been opened.

Article 28

Referral to a Chamber sitting with a different number of Judges

1. Whenever the legal difficulty or the importance of the case or special circumstances so justify, a case may be referred to the Grand Chamber or to a Chamber sitting with a different number of Judges.

2. The Chamber seised of the case or the President of the General Court may, at any stage in the proceedings, either of its or his own motion or at the request of a main party, propose to the plenum that the case be referred as provided for in paragraph 1.

3. The decision to refer a case to a formation sitting with a greater number of Judges shall be taken by the plenum.

4. The decision to refer a case to a formation sitting with a lesser number of Judges shall be taken by the plenum, after the main parties have been heard.

5. The case shall be heard and determined by a Chamber sitting with at least five Judges where a Member State or an institution of the Union which is a party to the proceedings so requests.

Article 29

Delegation to a single Judge

1. The following cases assigned to a Chamber sitting with three Judges may be heard and determined by the Judge-Rapporteur sitting as a single Judge where, having regard to the lack of difficulty of the questions of law or fact raised, to the limited importance of those cases and to the absence of other special circumstances, they are suitable for being so heard and determined and have been delegated under the conditions laid down in this Article:

(a) cases referred to in Article 171 below;

(b) cases brought pursuant to the fourth paragraph of Article 263 TFEU, the third paragraph of Article 265 TFEU and Article 268 TFEU that raise only questions already clarified by established case-law or that form part of a series of cases in which the same relief is sought and of which one has already been finally decided;

(c) cases brought pursuant to Article 272 TFEU.

2. Delegation to the single Judge shall not be possible:

(a) in an action for annulment against an act of general application or in cases in which a plea of illegality is expressly raised against an act of general application;

(b) in cases concerning the implementation of the rules: — on competition and on control of concentrations, — relating to aid granted by States, — relating to measures to protect trade, — relating to the common organisation of the agricultural markets, with the exception of cases that form part of a series of cases in which the same relief is sought and of which one has already been finally decided.

3. The decision relating to the delegation of a case to the single Judge shall be taken, after the main parties have been heard, by the Chamber sitting with three Judges before which the case is pending. Where a Member State or an institution of the Union which is a party to the proceedings objects to the case being heard and determined by the single Judge the case shall be maintained before the Chamber to which the Judge-Rapporteur belongs.

4. The single Judge shall refer the case back to the Chamber if he finds that the conditions justifying its delegation are no longer satisfied.

Chapter 5

DESIGNATION OF ADVOCATES GENERAL

Article 30

Circumstances in which an Advocate General may be designated

The General Court may be assisted by an Advocate General if it is considered that the legal difficulty or the factual complexity of the case so requires.

Article 31

Procedures concerning the designation of an Advocate General

1. The decision to designate an Advocate General in a particular case shall be taken by the plenum at the request of the Chamber to which the case has been assigned or referred.

2. The President of the General Court shall designate the Judge called upon to perform the function of Advocate General in that case.

3. After being so designated, the Advocate General shall be heard before the decisions provided for in Articles 16, 28, 45, 68, 70, 83, 87, 90, 92, 98, 103, 105, 106, 113, 126 to 132, 144, 151, 165, 168, 169 and 207 to 209 are taken.

Chapter 6

REGISTRY

Section 1

The Registrar

Article 32

Appointment of the Registrar

1. The General Court shall appoint the Registrar.

2. When the post of Registrar is vacant, an advertisement shall be published in the Official Journal of the European Union. Interested persons shall be invited to submit their applications within a period of not less than three weeks, accompanied by full details of their nationality, university degrees, knowledge of languages, present and past professional activities, and experience, if any, in judicial and international fields.

3. Voting shall take place in accordance with the procedure laid down in Article 9(3).

4. The Registrar shall be appointed for a term of six years. He may be reappointed. The General Court may decide to renew the term of office of the incumbent Registrar without availing itself of the procedure laid down in paragraph 2. In that case paragraph 3 shall apply.

5. The Registrar shall take the oath set out in Article 5 and sign the declaration provided for in Article 6.

6. The Registrar may be deprived of his office only if he no longer fulfils the requisite conditions or no longer meets the obligations arising from his office. The General Court shall take its decision, in the absence of the Registrar, after giving him an opportunity to make representations.

7. If the office of Registrar falls vacant before the normal date of expiry of the term thereof, the General Court shall appoint a new Registrar for a term of six years.

8. The name of the Registrar elected in accordance with this Article shall be published in the Official Journal of the European Union.

Article 33

Deputy Registrar

The General Court may, in accordance with the procedure laid down in respect of the Registrar, appoint one or more Deputy Registrars to assist the Registrar and to take his place if he is prevented from acting.

Article 34

Where the Registrar and Deputy Registrar are prevented from acting

Where the Registrar is prevented from acting and, if necessary, where the Deputy Registrar is so prevented, the President of the General Court shall designate an official or servant to carry out the duties of Registrar.

Article 35

Responsibilities of the Registrar

1. The Registrar shall be responsible, under the authority of the President of the General Court, for the acceptance, transmission and custody of all documents and for effecting service as provided for by these Rules.

2. The Registrar shall assist the Members of the General Court in all their official functions.

3. The Registrar shall have custody of the seals and shall be responsible for the records. He shall be in charge of the publications of the General Court, in particular, the European Court Reports, and of the dissemination on the internet of documents concerning the General Court.

4. The Registrar shall be responsible, under the authority of the President of the General Court, for the administration of the General Court, its financial management and its accounts, and shall be assisted in this by the departments of the Court of Justice of the European Union.

5. Save as otherwise provided in these Rules, the Registrar shall attend the sittings of the General Court.

Article 36

Keeping of the register

1. There shall be kept in the Registry, under the responsibility of the Registrar, a register in which all procedural documents shall be entered in the order in which they are lodged.

2. When a document has been registered, the Registrar shall make a note to that effect on the original procedural document or on the version deemed to be the original of that document for the purposes of decisions adopted pursuant to Article 74, and, if a party so requests, on any copy submitted for the purpose.

3. Entries in the register and the notes provided for in paragraph 2 shall be authentic.

Article 37

Consultation of the register

Anyone may consult the register at the Registry and obtain copies or extracts on payment of a charge on a scale fixed by the General Court on a proposal from the Registrar.

Article 38

Access to the file in the case

1. Subject to the provisions of Article 68(4), Articles 103 to 105 and of Article 144(7), any party to the proceedings may have access to the file in the case and, on payment of the appropriate charge referred to in Article 37, may obtain copies of procedural documents and authenticated copies of orders and judgments.

2. No third party, private or public, may have access to the file in a case without the express authorisation of the President of the General Court, once the parties have been heard. That authorisation may be granted, in whole or in part, only upon written request accompanied by a detailed explanation of the third party's legitimate interest in having access to the file.

Section 2

Other departments

Article 39

Officials and other servants

1. The officials and other servants whose task is to assist directly the President, the Judges and the Registrar shall be appointed under the conditions laid down in the regulation laying down the staff regulations of officials and the conditions of employment of other servants. They shall be responsible to the Registrar, under the authority of the President of the General Court.

2. They shall take one of the following two oaths before the President of the General Court in the presence of the Registrar:

‘I swear that I will perform loyally, discreetly and conscientiously the duties assigned to me by the General Court.’

or

‘I solemnly and sincerely affirm that I will perform loyally, discreetly and conscientiously the duties assigned to me by the General Court.’

Chapter 7

THE WORKING OF THE GENERAL COURT

Article 40

Location of the sittings of the General Court

The General Court may choose to hold one or more specific sittings in a place other than that in which the General Court has its seat.

Article 41

Calendar of the General Court's judicial business

1. The judicial year shall begin on 1 September of each calendar year and end on 31 August of the following year.

2. The judicial vacations shall be determined by the General Court.

3. In a case of urgency, the President of the General Court and the Presidents of Chambers may convene the Judges and, if necessary, the Advocate General during the judicial vacations.

4. The General Court shall observe the official holidays of the place where it has its seat.

5. The General Court may, in proper circumstances, grant leave of absence to any Judge.

6. The dates of the judicial vacations shall be published annually in the Official Journal of the European Union.

Article 42

Plenum

1. Decisions concerning administrative issues and the decisions referred to in Articles 7, 9, 11, 13, 15, 16, 18, 25, 28, 31 to 33, 41, 74 and 224 shall be taken by the General Court at the plenum in which all the Judges shall take part and have a vote, save as otherwise provided in these Rules. The Registrar shall be present, unless the General Court decides to the contrary.

2. If, after the plenum has been convened, it is found that the quorum referred to in the fourth paragraph of Article 17 of the Statute has not been attained, the President of the General Court shall adjourn the sitting until there is a quorum.

Article 43

Drawing-up of minutes

1. Where the General Court sits in the presence of the Registrar, the Registrar shall, if necessary, draw up minutes which shall be signed by the President of the General Court or by the President of the Chamber, as the case may be, and by the Registrar.

2. Where the General Court sits without the Registrar being present it shall, if necessary, instruct the most junior Judge for the purposes of Article 8 to draw up minutes which shall be signed by the President of the General Court or by the President of the Chamber, as the case may be, and by that Judge.

TITLE II

LANGUAGES

Article 44

Language of a case

The language of a case shall be Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish or Swedish.

Article 45

Determination of the language of a case

1. In direct actions within the meaning of Article 1, the language of a case shall be chosen by the applicant, except that:

(a) where the defendant is a Member State or a natural or legal person having the nationality of a Member State, the language of the case shall be the official language of that State; where that State has more than one official language, the applicant may choose between them;

(b) at the joint request of the main parties, the use of another of the languages mentioned in Article 44 for all or part of the proceedings may be authorised;

(c) at the request of one of the parties, and after the other parties have been heard, the use of another of the languages mentioned in Article 44 as the language of the case for all or part of the proceedings may be authorised by way of derogation from subparagraph (b); such a request may not be submitted by an institution.

2. Requests as above shall be decided on by the President; where the latter proposes to accede to a request without the agreement of all the parties, he must refer the request to the General Court.

3. Without prejudice to the provisions of paragraph 1(b) and (c):

(a) in appeals against decisions of the Civil Service Tribunal as referred to in Articles 9 and 10 of Annex I to the Statute, the language of the case shall be the language of the decision of the Civil Service Tribunal against which the appeal is brought;

(b) in the case of applications for rectification, applications for the General Court to remedy a failure to adjudicate or for it to set aside judgments by default, third-party proceedings and applications for interpretation or revision of a judgment or in the case of disputes concerning the costs to be recovered, the language of the case shall be the language of the decision to which those applications or disputes relate.

4. Without prejudice to the provisions in paragraph 1(b) and (c), in proceedings brought against decisions of the Boards of Appeal of the Office, referred to in Article 1, with respect to the application of the rules relating to an intellectual property regime:

(a) the language of the case shall be chosen by the applicant if the applicant was the only party to the proceedings before the Board of Appeal of the Office;

(b) the language of the application, chosen by the applicant from among the languages referred to in Article 44, shall be the language of the case if another party to the proceedings before the Board of Appeal of the Office does not object to this within the time limit laid down for that purpose by the Registrar after the application has been lodged;

(c) in the event of an objection to the language of the application by a party to the proceedings before the Board of Appeal of the Office other than the applicant, the language of the decision that is contested before the General Court shall become the language of the case; in such cases, the Registrar shall ensure the translation of the application into the language of the case.

Article 46

Use of the language of the case

1. The language of the case shall in particular be used in the written and oral pleadings of the parties, including the material annexed to them, and also in the minutes and decisions of the General Court.

2. Any material produced or annexed that is expressed in another language must be accompanied by a translation into the language of the case.

3. However, in the case of substantial material, translations may be confined to extracts. At any time the President may, of his own motion or at the request of one of the parties, call for a complete or fuller translation.

4. Notwithstanding the foregoing provisions, a Member State shall be entitled to use its official language when intervening in a case before the General Court. This provision shall apply both to written documents and to oral statements. The Registrar shall arrange in each instance for translation into the language of the case.

5. The States, other than the Member States, which are parties to the EEA Agreement, and also the EFTA Surveillance Authority, may be authorised to use one of the languages mentioned in Article 44, other than the language of the case, when they intervene in a case before the General Court. This provision shall apply both to written documents and to oral statements. The Registrar shall arrange in each instance for translation into the language of the case.

6. Where a witness or expert states that he is unable adequately to express himself in one of the languages referred to in Article 44, the President may authorise him to give his evidence in another language. The Registrar shall arrange for translation into the language of the case.

7. The President in conducting oral proceedings, Judges and, where appropriate, the Advocate General in putting questions and the Advocate General in delivering his Opinion may use one of the languages referred to in Article 44 other than the language of the case. The Registrar shall arrange for translation into the language of the case.

Article 47

Responsibility of the Registrar concerning language arrangements

The Registrar shall, at the request of any Judge, of the Advocate General or of a party, arrange for anything said or written in the course of the proceedings before the General Court to be translated into the languages chosen from those referred to in Article 44.

Article 48

Languages of the publications of the General Court

Publications of the General Court shall be issued in the languages referred to in Article 1 of Council Regulation No 1.

Article 49

Authentic texts

The texts of documents drawn up in the language of the case or, where applicable, in another language authorised pursuant to Articles 45 and 46 of these Rules shall be authentic.

TITLE III

DIRECT ACTIONS

Article 50

Scope

The provisions of this Title shall apply to direct actions within the meaning of Article 1.

Chapter 1

GENERAL PROVISIONS

Section 1

Representation of the parties

Article 51

Obligation to be represented

1. A party must be represented by an agent or a lawyer in accordance with the provisions of Article 19 of the Statute.

2. The lawyer representing or assisting a party must lodge at the Registry a certificate that he is authorised to practise before a court of a Member State or of another State which is a party to the EEA Agreement.

3. Where the party represented by the lawyer is a legal person governed by private law, the lawyer must lodge at the Registry an authority to act given by that person.

4. If the documents referred to in paragraphs 2 and 3 are not lodged, the Registrar shall prescribe a reasonable time limit within which the party concerned is to produce them. If the party concerned fails to produce the required documents within the time limit prescribed, the General Court shall decide whether the non-compliance with that procedural requirement renders the application or written pleadings formally inadmissible.

Section 2

Rights and obligations of parties' representatives

Article 52

Privileges, immunities and facilities

1. Agents, advisers and lawyers who appear before the General Court 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.

2. Agents, advisers and lawyers shall also enjoy the following privileges and facilities:

(a) any papers and documents relating to the proceedings shall be exempt from both search and seizure; in the event of a dispute, the customs officials or police may seal those papers and documents; they shall then be immediately forwarded to the General Court for inspection in the presence of the Registrar and of the person concerned;

(b) agents, advisers and lawyers shall be entitled to travel in the course of duty without hindrance.

Article 53

Status of the parties' representatives

1. In order to qualify for the privileges, immunities and facilities specified in Article 52, persons entitled to them shall furnish proof of their status as follows:

(a) agents shall produce an official document issued by the party for whom they act, who shall immediately serve a copy thereof on the Registrar;

(b) lawyers shall produce a certificate that they are authorised to practise before a court of a Member State or of another State which is a party to the EEA Agreement, and, where the party which they represent is a legal person governed by private law, an authority to act issued by that person;

(c) advisers shall produce an authority to act issued by the party whom they are assisting.

2. The Registrar shall issue them with a certificate, as required. The validity of this certificate shall be limited to a specified period, which may be extended or curtailed according to the duration of the proceedings.

Article 54

Waiver of immunity

1. The privileges, immunities and facilities specified in Article 52 are granted exclusively in the interests of the proper conduct of proceedings.

2. The General Court may waive immunity where it considers that the proper conduct of proceedings will not be hindered thereby.

Article 55

Exclusion from the proceedings

1. If the General Court considers that the conduct of an agent, adviser or lawyer before the General Court, the President, a Judge or the Registrar is incompatible with the dignity of the General Court or with the requirements of the proper administration of justice, or that such agent, adviser or lawyer is using his rights for purposes other than those for which they were granted, it shall inform the person concerned. The General Court may inform the competent authorities to whom the person concerned is answerable. A copy of the letter sent to those authorities shall be forwarded to the person concerned.

2. On the same grounds, the General Court may at any time, having heard the person concerned, decide to exclude an agent, adviser or lawyer from the proceedings by reasoned order. That order shall have immediate effect.

3. Where an agent, adviser or lawyer is excluded from the proceedings, the proceedings shall be suspended for a period fixed by the President in order to allow the party concerned to appoint another agent, adviser or lawyer.

4. Decisions taken under this Article may be rescinded.

Article 56

University teachers

The provisions of this Section shall apply to the university teachers referred to in the seventh paragraph of Article 19 of the Statute.

Section 3

Service

Article 57

Methods of service

1. Without prejudice to Article 77(2) and Article 80(1), where the Statute or these Rules require a document to be served on a person the Registrar shall ensure that service is effected by the method referred to in paragraph 4 or by telefax.

2. Where, for technical reasons or on account of the nature or size of the document, service of the document in accordance with the procedures laid down in paragraph 1 is impossible or impracticable, the document shall be served at the address of the representative of the party concerned by registered post with a form for acknowledgement of receipt or by personal delivery of the copy against a receipt. The addressee shall be so informed by the method referred to in paragraph 4 or by telefax. Service shall then be deemed to have been effected on the addressee by registered post on the tenth day following the lodging of the registered letter at the post office of the place in which the General Court has its seat, unless it is shown by the acknowledgement of receipt that the letter was received on a different date or the addressee informs the Registrar, within three weeks of being informed by the method referred to in paragraph 4 or by telefax, that the document to be served has not reached him.

3. The Registrar shall prepare and certify the copies of documents to be served pursuant to paragraph 2, save where the parties themselves supply the copies in accordance with Article 73(2).

4. The General Court may, by decision, determine the criteria for a procedural document to be served by electronic means. That decision shall be published in the Official Journal of the European Union.

Section 4

Time limits

Article 58

Calculation of time limits

1. Any procedural time limit prescribed by the Treaties, the Statute or these Rules shall be calculated as follows:

(a) where a time limit expressed in days, weeks, months or years is to be calculated from the moment at which an event occurs or an action takes place, the day during which that event occurs or that action takes place shall not be counted as falling within the time limit in question;

(b) a time limit expressed in weeks, months or years shall end with the expiry of whichever day in the last week, month or year is the same day of the week, or falls on the same date, as the day during which the event or action from which the time limit is to be calculated occurred or took place; if, in a time limit expressed in months or years, the day on which it should expire does not occur in the last month, the time limit shall end with the expiry of the last day of that month;

(c) where a time limit is expressed in months and days, it shall first be calculated in whole months, then in days;

(d) time limits shall include Saturdays, Sundays and official holidays;

(e) time limits shall not be suspended during the judicial vacations.

2. If the time limit would otherwise end on a Saturday, Sunday or an official holiday, it shall be extended until the end of the next working day.

3. The list of official holidays drawn up by the Court of Justice and published in the Official Journal of the European Union shall apply to the General Court.

Article 59

Proceedings against a measure adopted by an institution and published in the Official Journal of the European Union

Where the time limit allowed for initiating proceedings against a measure adopted by an institution runs from the publication of that measure in the Official Journal of the European Union, that time limit shall be calculated, for the purposes of Article 58(1)(a), from the end of the fourteenth day after such publication.

Article 60

Extension on account of distance

The procedural time limits shall be extended on account of distance by a single period of 10 days.

Article 61

Setting and extension of time limits

1. Any time limit prescribed pursuant to these Rules may be extended by whoever prescribed it.

2. The President may delegate to the Registrar power of signature for the purposes of setting certain time limits which, pursuant to these Rules, it falls to the President to prescribe, or of extending such time limits.

Article 62

Procedural documents lodged out of time

A procedural document lodged at the Registry after expiry of the time limit set by the President or by the Registrar pursuant to these Rules may be accepted only pursuant to a decision of the President to that effect.

Section 5

Conduct of the proceedings and procedures for dealing with cases

Article 63

Conduct of the proceedings

Without prejudice to the special provisions laid down in the Statute or in these Rules, the procedure before the General Court shall consist of a written part and an oral part.

Article 64

Adversarial nature of the proceedings

Subject to the provisions of Article 68(4), Article 104, Article 105(8) and Article 144(7), the General Court shall take into consideration only those procedural documents and items which have been made available to the representatives of the parties and on which they have been given an opportunity of expressing their views.

Article 65

Service of procedural documents and of decisions taken in the course of proceedings

1. Subject to the provisions of Article 68(4), Articles 103 to 105 and Article 144(7), procedural documents and items included in the file in the case shall be served on the parties.

2. The Registrar shall ensure that decisions taken in the course of the proceedings and included in the file in the case are brought to the attention of the parties.

Article 66

Anonymity and omission of certain information vis-à-vis the public

On a reasoned application by a party, made by a separate document, or of its own motion, the General Court may omit the name of a party to the dispute or of other persons mentioned in connection with the proceedings, or certain information, from those documents relating to a case to which the public has access if there are legitimate reasons for keeping the identity of a person or the information confidential.

Article 67

Order in which cases are dealt with

1. The General Court shall deal with the cases before it in the order in which they become ready for examination.

2. The President may in special circumstances decide that a case be given priority over others.

Article 68

Joinder

1. Two or more cases concerning the same subject-matter may at any time, either of the General Court's own motion or on application by a main party, be joined, on account of the connection between them, for the purposes, alternatively or cumulatively, of the written or oral part of the procedure or of the decision which closes the proceedings.

2. A decision on whether cases should be joined shall be taken by the President. Before taking that decision, the President shall prescribe a time limit within which the main parties may submit their observations on any joinder, if they have not already expressed their views in that regard.

3. Joined cases may be disjoined, in accordance with the provisions of paragraph 2.

4. All the parties to the joined cases may examine the files in the cases concerned at the Registry. The President may, however, on application by a party, order that certain confidential information from the case-file be excluded from that consultation.

5. Without prejudice to paragraph 4, procedural documents included in the files of the cases concerned by the joinder shall be served on the parties to the joined cases, provided that the representatives of those parties request it and have agreed to the method of service referred to in Article 57(4).

Article 69

Circumstances in which proceedings may be stayed

Without prejudice to Article 163, proceedings may be stayed:

(a) in the circumstances specified in the third paragraph of Article 54 of the Statute;

(b) where an appeal is brought before the Court of Justice against a decision of the General Court disposing of the substantive issues in part only, disposing of a procedural issue concerning a plea of lack of competence or inadmissibility or dismissing an application to intervene;

(c) at the request of a main party with the agreement of the other main party;

(d) in other particular cases where the proper administration of justice so requires.

Article 70

Decisions to stay and to resume proceedings

1. The decision to stay the proceedings shall be taken by the President. Before taking that decision, the President shall prescribe a time limit within which the main parties may submit their observations on any stay of the proceedings, if they have not already expressed their views in that regard.

2. A decision ordering that the proceedings be resumed before the end of the stay, or as referred to in Article 71(3), shall be taken in accordance with the procedures laid down in paragraph 1.

Article 71

Length and effects of a stay

1. The stay of proceedings shall take effect on the date indicated in the decision to stay or, in the absence of such indication, on the date of that decision.

2. During the period in which proceedings are stayed all procedural time limits shall be suspended, except for the time limit prescribed in Article 143(1) for an application to intervene.

3. Where the decision to stay the proceedings does not fix the length of stay, it shall end on the date indicated in the decision to resume the proceedings or, in the absence of such indication, on the date of the latter decision.

4. From the date of the resumption of proceedings following a stay, any suspended procedural time limits shall be replaced by new time limits and time shall begin to run from the date of that resumption.

Chapter 2

PROCEDURAL DOCUMENTS

Article 72

Common rules for the lodging of procedural documents

1. A procedural document shall be lodged at the Registry either in paper form, where appropriate after transmission of a copy of the original of that document by telefax in accordance with Article 73(3), or by the method referred to in the decision of the General Court adopted pursuant to Article 74.

2. All procedural documents shall bear a date. In the calculation of procedural time limits, only the date and time in the Grand Duchy of Luxembourg of lodgement at the Registry shall be taken into account.

3. To every procedural document there shall be annexed the material relied on in support of it, together with a schedule listing each item.

4. Where, in view of the length of the material, only extracts from it are annexed to the procedural document, the whole item or a full copy of it shall be lodged at the Registry.

5. The institutions shall produce, within time limits laid down by the President, translations of any procedural document into the other languages provided for by Article 1 of Council Regulation No 1.

Article 73

Lodging at the Registry of a procedural document in paper form

1. The original paper version of a procedural document must bear the handwritten signature of the party's agent or lawyer.

2. The original, accompanied by all annexes referred to therein, shall be submitted together with three copies for the General Court and a copy for every other party to the proceedings. Copies shall be certified by the party lodging them.

3. By way of derogation from the second sentence of Article 72(2), the date on and time at which a full copy of the signed original of a procedural document, including the schedule of items referred to in Article 72(3), is received at the Registry by telefax shall be deemed to be the date and time of lodgement for the purposes of compliance with the procedural time limits, provided that the signed original of the procedural document, accompanied by the annexes and copies referred to in paragraph 2, is lodged at the Registry no later than 10 days thereafter. Article 60 shall not apply to that time limit of 10 days.

Article 74

Electronic lodgement

The General Court may, by decision, determine the criteria for a procedural document sent to the Registry by electronic means to be deemed to be the original of that document. That decision shall be published in the Official Journal of the European Union.

Article 75

Length of written pleadings

1. The General Court shall set, in accordance with Article 224, the maximum length of written pleadings lodged pursuant to this Title.

2. Authorisation to exceed the maximum length of written pleadings may be given by the President only in cases involving particularly complex legal or factual issues.

Chapter 3

WRITTEN PART OF THE PROCEDURE

Article 76

Content of the application

An application of the kind referred to in Article 21 of the Statute shall contain:

(a) the name and address of the applicant;

(b) particulars of the status and address of the applicant's representative;

(c) the name of the main party against whom the action is brought;

(d) the subject-matter of the proceedings, the pleas in law and arguments relied on and a summary of those pleas in law;

(e) the form of order sought by the applicant;

(f) where appropriate, any evidence produced or offered.

Article 77

Information relating to service

1. For the purposes of the proceedings, the application shall state whether the method of service to which the applicant's representative agrees is that referred to in Article 57(4) or telefax.

2. If the application does not comply with the requirements referred to in paragraph 1, all service on the party concerned for the purposes of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the representative of that party. Service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place in which the General Court has its seat.

Article 78

Annexes to the application

1. The application shall be accompanied, where appropriate, by the documents specified in the second paragraph of Article 21 of the Statute.

2. An application submitted under Article 272 TFEU pursuant to an arbitration clause in a contract governed by public or private law, entered into by the Union or on its behalf, shall be accompanied by a copy of the contract which contains that clause.

3. An application made by a legal person governed by private law shall be accompanied by recent proof of that person's existence in law (extract from the register of companies, firms or associations or any other official document).

4. The application shall be accompanied by the documents referred to in Article 51(2) and (3).

5. If the application does not comply with the requirements set out in paragraphs 1 to 4, the Registrar shall prescribe a reasonable time limit within which the applicant is to produce the abovementioned documents. If the applicant fails to put the application in order within the time limit prescribed, the General Court shall decide whether the non-compliance with these conditions renders the application formally inadmissible.

Article 79

Notice in the Official Journal of the European Union

A notice shall be published in the Official Journal of the European Union indicating the date of lodging of an application initiating proceedings, the names of the main parties, the form of order sought by the applicant and a summary of the pleas in law and of the main supporting arguments.

Article 80

Service of the application

1. The application shall be served on the defendant in the form of a certified copy sent by registered post with a form for acknowledgement of receipt or by personal delivery of the copy against a receipt. Where the defendant has previously agreed to applications being served on him by the method referred to in Article 57(4) or by telefax, service of the application may be effected accordingly.

2. In cases where Article 78(5) applies, service shall be effected as soon as the application has been put in order or the General Court has declared it admissible notwithstanding the failure to observe the requirements set out in that Article.

Article 81

Defence

1. Within two months after service on him of the application, the defendant shall lodge a defence, containing:

(a) the name and address of the defendant;

(b) particulars of the status and address of the applicant's representative;

(c) the pleas in law and arguments relied on;

(d) the form of order sought by the defendant;

(e) where appropriate, any evidence produced or offered.

2. Article 77 and Article 78(3) to (5) shall apply to the defence.

3. The time limit laid down in paragraph 1 of this Article may, in exceptional circumstances, be extended by the President at the reasoned request of the defendant.

Article 82

Transmission of documents

Where the European Parliament, the Council or the European Commission is not a party to a case, the General Court shall send to them copies of the application and of the defence, without the annexes thereto, to enable them to assess whether the inapplicability of one of their acts is being invoked under Article 277 TFEU.

Article 83

Reply and rejoinder

1. The application initiating proceedings and the defence may be supplemented by a reply from the applicant and by a rejoinder from the defendant unless the General Court decides that a second exchange of pleadings is unnecessary because the contents of the file in the case are sufficiently comprehensive.

2. Where the General Court decides that a second exchange of pleadings is unnecessary it may authorise the main parties to supplement the file in the case if the applicant presents a reasoned request to that effect within two weeks from the service of that decision.

3. The President shall prescribe the time limits within which those procedural documents are to be produced. He may specify the matters to which the reply or the rejoinder should relate.

Chapter 4

PLEAS IN LAW, EVIDENCE AND MODIFICATION OF THE APPLICATION

Article 84

New pleas in law

1. No new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure.

2. Any new pleas in law shall be introduced in the second exchange of pleadings and identified as such. Where the matters of law or of fact justifying the introduction of new pleas in law are known after the second exchange of pleadings or after it has been decided not to authorise a second exchange of pleadings, the main party concerned shall introduce the new pleas in law as soon as those matters come to his knowledge.

3. Without prejudice to the decision to be taken by the General Court on the admissibility of the new pleas in law, the President shall give the other parties an opportunity to respond to those pleas.

Article 85

Evidence produced or offered

1. Evidence produced or offered shall be submitted in the first exchange of pleadings.

2. In reply or rejoinder a main party may produce or offer further evidence in support of his arguments, provided that the delay in the submission of such evidence is justified.

3. The main parties may, exceptionally, produce or offer further evidence before the oral part of the procedure is closed or before the decision of the General Court to rule without an oral part of the procedure, provided that the delay in the submission of such evidence is justified.

4. Without prejudice to the decision to be taken by the General Court on the admissibility of the evidence produced or offered pursuant to paragraphs 2 and 3, the President shall give the other parties an opportunity to comment on such evidence.

Article 86

Modification of the application

1. Where a measure the annulment of which is sought is replaced or amended by another measure with the same subject-matter, the applicant may, before the oral part of the procedure is closed, or before the decision of the General Court to rule without an oral part of the procedure, modify the application to take account of that new factor.

2. The modification of the application must be made by a separate document within the time limit laid down in the sixth paragraph of Article 263 TFEU within which the annulment of the measure justifying the modification of the application may be sought.

3. The statement of modification shall contain:

(a) the modified form of order sought;

(b) where appropriate, the modified pleas in law and arguments;

(c) where appropriate, the evidence produced and offered in connection with the modification of the form of order sought.

4. The statement of modification must be accompanied by the measure justifying the modification of the application. If that measure is not produced, the Registrar shall prescribe a reasonable time limit within which the applicant is to produce it. If the applicant fails to produce the measure within the time limit prescribed, the General Court shall decide whether the non-compliance with that requirement renders the statement modifying the application inadmissible.

5. Without prejudice to the decision to be taken by the General Court on the admissibility of the statement modifying the application, the President shall prescribe a time limit within which the defendant may respond to the statement of modification.

6. The President shall, where appropriate, prescribe a time limit within which any interveners may supplement their statements in intervention in the light of the statement modifying the application and the statement in response. Those statements shall be served simultaneously on the interveners for that purpose.

Chapter 5

THE PRELIMINARY REPORT

Article 87

Preliminary report

1. When the written part of the procedure is closed, the President shall fix a date on which the Judge-Rapporteur is to present a preliminary report to the General Court.

2. The preliminary report shall contain an analysis of the relevant issues of fact and of law raised by the action, proposals as to whether measures of organisation of procedure or measures of inquiry should be undertaken, whether there should be an oral part of the procedure and whether the case should be referred to the Grand Chamber or to a Chamber sitting with a different number of Judges, and whether the case should be delegated to a single Judge.

3. The General Court shall decide what action to take on the proposals of the Judge-Rapporteur and, where appropriate, whether to open the oral part of the procedure.

Chapter 6

MEASURES OF ORGANISATION OF PROCEDURE AND MEASURES OF INQUIRY

Article 88

General

1. Measures of organisation of procedure and measures of inquiry may be taken or modified at any stage of the proceedings either of the General Court's own motion or on the application of a main party.

2. The application referred to in paragraph 1 must state precisely the purpose of the measures sought and the reasons for them. Where the application is made after the first exchange of pleadings, the party submitting that application must state the reasons for which he was unable to submit it earlier.

3. Where an application for measures of organisation of procedure or for measures of inquiry is made, the President shall give the other parties an opportunity to comment on that application.

Section 1

Measures of organisation of procedure

Article 89

Purpose

1. The purpose of measures of organisation of procedure shall be to ensure that cases are prepared for hearing, procedures carried out and disputes resolved under the best possible conditions.

2. Measures of organisation of procedure shall, in particular, have as their purpose:

(a) to ensure the efficient conduct of the written or oral part of the procedure and to facilitate the taking of evidence;

(b) to determine the points on which the parties must present further argument or which call for measures of inquiry;

(c) to clarify the forms of order sought by the parties, their pleas in law and arguments and the points at issue between them;

(d) to facilitate the amicable settlement of proceedings.

3. Measures of organisation of procedure may, in particular, consist of:

(a) putting questions to the parties;

(b) inviting the parties to make written or oral submissions on certain aspects of the proceedings;

(c) asking the parties or third parties for the information referred to in the second paragraph of Article 24 of the Statute;

(d) asking the parties to produce any material relating to the case;

(e) summoning the parties to meetings.

4. Where a hearing is organised, the General Court shall, in so far as possible, invite the parties to concentrate in their oral pleadings on one or more specified issues.

Article 90

Procedure

1. Measures of organisation of procedure shall be prescribed by the General Court.

2. If the General Court decides to adopt measures of organisation of procedure and does not undertake such measures itself, it shall entrust the task of so doing to the Judge-Rapporteur.

Section 2

Measures of inquiry

Article 91

Purpose

Without prejudice to Articles 24 and 25 of the Statute, the following measures of inquiry may be adopted:

(a) the personal appearance of the parties;

(b) a request to a party for information or for production of any material relating to the case;

(c) a request for production of documents to which access has been denied by an institution in proceedings relating to the legality of that denial;

(d) oral testimony;

(e) the commissioning of an expert's report;

(f) an inspection of the place or thing in question.

Article 92

Procedure

1. The General Court shall prescribe the measures of inquiry that it considers appropriate by means of an order setting out the facts to be proved.

2. Before the General Court decides on the measures of inquiry referred to in Article 91(d) to (f), the parties shall be heard.

3. A measure of inquiry referred to in Article 91(b) may be ordered only where the party concerned by the measure has not complied with a measure of organisation of procedure previously adopted to that end, or where expressly requested by the party concerned by the measure and that party explains the need for such a measure to be in the form of an order for a measure of inquiry. The order prescribing the measure of inquiry may provide that inspection by the parties' representatives of information and material obtained by the General Court in consequence of that order may take place only at the Registry and that no copies may be made.

4. If the General Court orders a preparatory inquiry and does not undertake such an inquiry itself, it shall entrust the task of so doing to the Judge-Rapporteur.

5. The Advocate General shall take part in the measures of inquiry.

6. The parties shall be entitled to attend the measures of inquiry.

7. Evidence may be submitted in rebuttal and previous evidence may be amplified.

Article 93

Summoning of witnesses

1. Witnesses whose examination is deemed necessary shall be summoned by an order, referred to in Article 92(1), containing the following information:

(a) the name, description and address of the witness;

(b) the date and place of the examination;

(c) an indication of the facts to be established and which witnesses are to be heard in respect of each of those facts.

2. Witnesses shall be summoned by the General Court, where appropriate after lodgement of the security provided for in Article 100(1).

Article 94

Examination of witnesses

1. After the identity of the witness has been established, the President shall inform him that he will be required to vouch the truth of his evidence in the manner laid down in paragraph 5 and in Article 97.

2. The witness shall give his evidence to the General Court, the parties having been given notice to attend. After the witness has given his evidence the President may, at the request of one of the parties or of his own motion, put questions to him.

3. The other Judges and the Advocate General may do likewise.

4. Subject to the control of the President, questions may be put to witnesses by the representatives of the parties.

5. Subject to the provisions of Article 97, the witness shall, after giving his evidence, take the following oath:

‘I swear that I have spoken the truth, the whole truth and nothing but the truth.’

6. The General Court may, after hearing the main parties, exempt a witness from taking the oath.

Article 95

Duties of witnesses

1. Witnesses who have been duly summoned shall obey the summons and attend for examination.

2. If, without good reason, a witness who has been duly summoned fails to appear before the General Court, the General Court may impose upon him a pecuniary penalty not exceeding EUR 5 000 and may order that a further summons be served on the witness at his own expense.

3. The same penalty may be imposed upon a witness who, without good reason, refuses to give evidence or to take the oath.

Article 96

Expert's report

1. The order appointing the expert shall define his task and set a time limit within which he is to submit his report.

2. After the expert has submitted his report and that report has been served on the parties, the General Court may order that the expert be examined, the parties having been given notice to attend. At the request of one of the parties or of his own motion, the President may put questions to the expert.

3. The other Judges and the Advocate General may do likewise.

4. Subject to the control of the President, questions may be put to the expert by the representatives of the parties.

5. Subject to the provisions of Article 97, the expert shall, after making his report, take the following oath before the General Court:

‘I swear that I have conscientiously and impartially carried out my task.’

6. The General Court may, after hearing the main parties, exempt the expert from taking the oath.

Article 97

Witnesses' and experts' oath

1. The President shall instruct any person who is required to take an oath before the General Court, as witness or expert, to tell the truth or to carry out his task conscientiously and impartially, as the case may be, and shall warn him of the criminal liability provided for in his national law in the event of any breach of this duty.

2. Witnesses and experts shall take the oath either in accordance with Article 94(5) and Article 96(5) or in the manner laid down by their national law.

Article 98

Perjury by witnesses or experts

1. The General Court may decide to report to the competent authority referred to in the Rules supplementing the Rules of Procedure of the Court of Justice of the Member State whose courts have penal jurisdiction any case of perjury on the part of a witness or expert before the General Court.

2. The Registrar shall be responsible for communicating the decision of the General Court. The decision shall set out the facts and circumstances on which the report is based.

Article 99

Objection to a witness or expert

1. If one of the parties objects to a witness or an expert on the ground that he is not a competent or proper person to act as a witness or expert or for any other reason, or if a witness or expert refuses to give evidence or to take the oath, the matter shall be resolved by the General Court.

2. An objection to a witness or an expert shall be raised within two weeks after service of the order summoning the witness or appointing the expert; the statement of objection must set out the grounds of objection and indicate the nature of any evidence offered.

Article 100

Witnesses' and experts' costs

1. Where the General Court orders the examination of witnesses or an expert's report, it may request the main parties or one of them to lodge security for the witnesses' costs or the costs of the expert's report.

2. Witnesses and experts shall be entitled to reimbursement of their travel and subsistence expenses. The cashier of the General Court may make an advance payment towards these expenses.

3. Witnesses shall be entitled to compensation for loss of earnings, and experts to fees for their services. The cashier of the General Court shall pay witnesses and experts these sums after they have carried out their respective duties or tasks.

Article 101

Letters rogatory

1. The General Court may, on application by a main party or of its own motion, issue letters rogatory for the examination of witnesses or experts.

2. Letters rogatory shall be issued in the form of an order. The order shall contain the name, description and address of the witness or expert, set out the facts on which the witness or expert is to be examined, name the parties, their representatives, indicate their addresses and briefly describe the subject-matter of the proceedings.

3. The Registrar shall send the order to the competent authority named in the Rules supplementing the Rules of Procedure of the Court of Justice of the Member State in whose territory the witness or expert is to be examined. Where necessary, the order shall be accompanied by a translation into the official language or languages of the Member State to which it is addressed.

4. The authority named pursuant to paragraph 3 shall transmit the order to the judicial authority which is competent according to its national law.

5. The competent judicial authority shall give effect to the letters rogatory in accordance with its national law. After implementation the competent judicial authority shall transmit to the authority named pursuant to paragraph 3 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.

6. The Registrar shall be responsible for the translation of the documents into the language of the case.

7. The General Court shall defray the expenses occasioned by the letters rogatory without prejudice to the right to charge them, where appropriate, to the main parties.

Article 102

Minutes of inquiry hearings

1. The Registrar shall draw up minutes of