EN Official Journal of the European Union C 73/18

DECISION OF THE COURT

on the lodging and service of procedural documents by means of e-EFTACourt

(2017/C 73/09)

THE COURT,

Having regard to the Rules of Procedure and, in particular, the second subparagraph of Article 32(5) thereof,

Whereas:

[…] the 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. […],

HAS DECIDED AS FOLLOWS:

Article 1

The information technology application known as ‘e-EFTACourt’, allows the lodging and service of procedural documents by electronic means under the conditions laid down by this Decision.

Article 2

Use of the application shall require a personal user identification and password.

Article 3

A procedural document lodged by means of e-EFTACourt shall be deemed to be the original of that document for the purposes of the first subparagraph of Article 32(1) of the Rules of Procedure where the representative’s user identification and password have been used to effect that lodgement. Such identification shall constitute the signature of the document concerned.

Article 4

A document lodged by means of e-EFTACourt must be accompanied by the Annexes referred to therein and a schedule listing such Annexes.

It shall not be necessary to lodge certified copies of a document lodged by means of e-EFTACourt or of any Annexes thereto.

Article 5

A procedural document shall be deemed to have been lodged for the purposes of Article 32(2) of the Rules of Procedure at the time of the representative’s validation of lodgement of that document.

The relevant time shall be the time in the Grand Duchy of Luxembourg.

Article 6

Procedural documents, including judgments and orders, shall be served on the parties’ representatives by means of e-EFTACourt where they have expressly accepted this method of service or, in the context of a case, where they have consented to this method of service by lodging a procedural document by means of e-EFTACourt.

Procedural documents shall also be served by means of e-EFTACourt on States which are parties to the Agreement on the European Economic Area, the EFTA Surveillance Authority and institutions, bodies, offices or agencies of the Union, insofar as they have accepted this method of service.

Article 7

The intended recipients of the documents served referred to in Article 6 shall be notified by email of any document served on them by means of e-EFTACourt.

A procedural document shall be served at the time when the intended recipient (representative or his assistant) requests access to that document. In the absence of any request for access, the document shall be deemed to have been served on the expiry of the seventh day following the day on which the notification email was sent.

Where a party is represented by more than one agent or lawyer, the time to be taken into account in the reckoning of time- limits shall be the time when the first request for access was made.

The relevant time shall be the time in the Grand Duchy of Luxembourg.

Article 8

The Registrar shall draw up the conditions of use of e-EFTACourt and ensure that they are observed. Any use of e-EFTACourt contrary to those conditions may result in the deactivation of the account concerned.

The Court shall take the necessary steps to protect e-EFTACourt from any abuse or malicious use.

Users shall be notified by email of any action taken pursuant to this Article that prevents them from using their account.

Article 9

This decision shall enter into force on the day following its publication in the EEA Section of and the EEA Supplement to the Official Journal of the European Union.