Instructions to the registrar of the Court of First Instance of 3 March 1994
Date: 1994-03-03
Institutions: Court of First Instance
Subjects: General Court (EU), information processing, job description, judicial proceedings, member of the Court of Justice (EU)













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31994Q0322

Instructions to the registrar of the Court of First Instance of 3 March 1994  


Official Journal L 078 , 22/03/1994 P. 0032 - 0037 





INSTRUCTIONS TO THE REGISTRAR OF THE COURT OF FIRST INSTANCE of 3 March 1994THE  COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES, On a proposal from the President of the Court of First Instance, Having regard to the Rules of Procedure adopted on 2 May 1991 and in particular Article 23  thereof, Has laid down the following: INSTRUCTIONS TO THE REGISTRAR Article 1 The tasks of the Registrar The  Registrar shall be responsible for the maintenance of the register of the Court and the files of  pending cases, for the acceptance, transmission, service and custody of documents, for  correspondence with the parties and third parties in relation to pending cases, and for the custody  of the seals of the Court. He shall ensure that registry charges are collected and that sums due to  the Court treasury are recovered. He shall be responsible for the publications of the Court. Article 2 Opening hours of the Registry 1.  The offices of the Registry shall be open to the  public every working day. All days other than Saturdays, Sundays and the official holidays on the list referred to in Article  101 (2) of the Rules of Procedure shall be working days. If a working day as referred to in the previous subparagraphs is a holiday for the officials and  servants of the institution, arrangements shall be made for a skeleton staff to be on duty at the  Registry during the hours in which it is normally open to the public. 2.  The Registry shall be open to the public at the following times: -  in the morning, from Monday to Friday, from 9.30 a.m. to 12 noon, -  in the afternoon, from Monday to Thursday, from 2.30 p.m. to 5.30 p.m. and, except during the  vacations provided for in Article 34 (1) of the Rules of Procedure, on Fridays from 2.30 p.m. to  4.30 p.m. The Registry shall be open to the public half an hour before the commencement of a hearing. 3.  When the Registry is closed, procedural documents may be validly lodged with the janitor at the  entrances to the Court buildings at any time of the day or night. The janitor shall make a record,  which shall constitute good evidence, of the date and time of such lodgment and shall issue a  receipt upon request. Article 3 The register 1.  Judgments and orders as well as all the documents placed on the file  in cases brought before the Court shall be entered in the register. 2.  Entries in the register shall be numbered consecutively; they shall be made in the language of  the case and contain the information necessary for identifying the document, in particular the date  of registration, the number of the case and the nature of the document. 3.  Where a correction is made to the register, a note to that effect shall be made in the margin. 4.  The registration number of every document drawn up by the Court shall be noted on its first  page. A note of the registration, indicating the registration number and the date of entry in the  register, shall be stamped on the original of every procedural document lodged by the parties and  on every copy which is notified to them. This note shall be in the language of the case and signed  by the Registrar. 5.  When a document is not entered in the register on the same day on which it is lodged, the date  of lodgment shall be entered in the register and stamped on the original and on the copies of the  procedural document concerned. 6.  For the purposes of the application of the previous paragraph, the following dates shall be  taken into account, depending on the circumstances: the date on which the procedural document was  received by the Registrar or by a Registry official or employee, the date referred to in Article 2  (3) or, in the cases provided for in the first paragraph of Article 47 of the EC Statute of the  Court of Justice, the first paragraph of Article 47 of the ECSC Statute of the Court of Justice and  the first paragraph of Article 48 of the EAEC Statute of the Court of Justice, the date on which  the procedural document was lodged with the Registrar of the Court of Justice. Article 4 The case number 1.  When an application initiating proceedings is registered, the  case shall be given a serial number preceded by 'T-' and followed by an indication of the year. Applications for interim measures, applications to intervene, applications for rectification or  interpretation of judgments, applications for revision or initiating third-party proceedings,  applications for the taxation of costs and applications for legal aid relating to pending cases  shall be given the same serial number as the principal action, followed by a note to indicate that  the proceedings concerned are special forms of procedure. An action which is preceded by an  application for legal aid in connection therewith shall be given the same case number as the  latter. Where the Court of Justice refers a case back to the Court of First Instance following an  appeal, that case shall keep the number previously given to it when it was before the Court of  First Instance. 2.  The serial number of the case together with the names of the parties shall be indicated on the  procedural documents, in correspondence relating to the case and, without prejudice to Article 17  (4) of these Instructions, in the publications of the Court of First Instance. Article 5 The file and access to the file 1.  The case-file shall contain the originals,  including their annexes, of the procedural documents produced by the parties, with the exception of  those whose acceptances is refused pursuant to Article 6 of these Instructions, the decisions taken  in the case, including any decisions relating to refusal to accept documents, reports for the  hearing, minutes of the hearing, notices served by the Registrar and any other documents or  correspondence to be taken into consideration in deciding the case. If in doubt the Registrar shall refer the question whether a document is to be placed on the  case-file to the President in order for a decision to be taken. 2.  The documents contained in the file shall be given a serial number. Each page of the file shall  be numbered consecutively. 3.  The lawyers or agents of the parties to a case before the Court or persons duly authorized by  them may inspect the original case-file, including administrative files produced before the Court,  at the Registry and may request copies or extracts of procedural documents and of the register. Lawyers or agents of intervening parties once granted leave to intervene and lawyers or agents of  all the parties to joined cases shall have the same right of access to case-files, subject to the  provisions of paragraph 4 relating to the confidential treatment of certain matters or documents on  the file. No third party, private or public, may have access to the case-file or to the procedural documents  without the express authorization of the President, after the parties have been heard. That  authorization may be granted only upon written request accompanied by a detailed explanation of the  third party's legitimate interest in inspecting the file. 4.  An application by a party for certain matters or certain documents on the file to be treated  confidentially must be made by a separate document. The application must specify the confidential  matters or passages, explain why each matter or passage concerned is confidential and be  accompanied by a copy of the pages concerned of the pleading or annex in question, with an  indication of the matters or passages in respect of which confidential treatment is requested. If certain matters or certain documents on the file are accorded confidential treatment, the  Registrar shall, where necessary, request the parties to produce, in accordance with the decision  of the Court, non-confidential versions of their pleadings together with the number of certified  copies required by Article 43 (1) of the Rules of Procedure. The confidential and non-confidential versions of procedural documents shall be kept in separate  sections of the file. Access to the confidential section of the file shall be confined to the  parties in respect of whom no confidential treatment has been ordered. 5.  At the close of the proceedings, the case-file shall be closed and bound. The closed file shall  contain a list of the documents on the file, an indication of their number, and a cover page  showing the serial number of the case, the parties and the date on which the file was closed. Article 6 Non-acceptance of documents and regularization 1.  The Registrar shall ensure that  documents placed on the file are in conformity with the provisions of the Statutes of the Court of  Justice, with the Rules of Procedure and with these Instructions. If necessary, he shall allow the  parties a period of time for making good any formal irregularities in the documents lodged. 2.  The Registrar shall refuse to register pleadings or procedural documents which are not provided  for by the Rules of Procedure. If in doubt the Registrar shall refer the matter to the President in  order for a decision to be taken. 3.  Without prejudice to Article 10 (3) of these Instructions concerning the use of facsimile  transmission, the Registrar shall accept only documents bearing the original signature of the  party's lawyer or agent. The Registrar may request the lodgment of a lawyer's or agent's specimen signature, if necessary  certified as a true specimen, in order to enable him to verify that the first paragraph of Article  43 (1) of the Rules of Procedure has been complied with. 4.  Documents annexed to a pleading or procedural document shall be accepted only if the document  in question is mentioned in the body of the pleading or procedural document and appears in a  schedule of annexes, as provided for by Article 43 (4) of the Rules of Procedure. The schedule of  annexes must indicate the annex numbers and the dates and nature of the documents annexed. If the party concerned fails to make good the irregularity, the Registrar may refuse to accept  annexes not in conformity with the provisions of this paragraph. 5.  Save in the cases expressly provided for by the Rules of Procedure, the Registrar shall refuse  to accept pleadings or procedural documents of the parties drawn up in a language other than the  language of the case. Where documents annexed to a pleading or procedural document are not accompanied by a translation  into the language of the case, the Registrar shall require the party concerned to make good the  omission if the translation appears necessary for the efficient conduct of the proceedings. Where an application to intervene originating from a third party other than a Member State is not  drawn up in the language of the case, the Registrar shall require the application to be put in  order before it is placed on the file and served on the parties. If, however, a version of such an  application drawn up in the language of the case is lodged within the period prescribed for this  purpose by the Registrar, the date on which the first version, not in the language of the case, was  lodged shall be taken as the date on which the document was lodged for the purposes of  registration. 6.  Each copy of any procedural document which the parties are required to produce by virtue of  Article 43 (1) of the Rules of Procedure must bear a note, signed by the lawyer or agent of the  party concerned, certifying that the copy is a true copy of the original of the document  concerned. 7.  Where a party challenges the Registrar's refusal to accept a document, the Registrar shall  submit the document concerned to the President for a decision on whether it is to be accepted. Article 7 Presentation of originating applications 1.  Where the Registrar considers that an  application initiating proceedings is manifestly not in conformity with Article 44 (1) of the Rules  of Procedure, he shall suspend service of the application in order that the Court may give a  decision on the admissibility of the action. 2.  For the purposes of the production of the document required by Article 44 (3) of the Rules of  Procedure certifying that the lawyer acting for a party or assisting the party's agent is entitled  to practise before a court of a Member State, reference may be made to a document previously lodged  at the Registry of the Court. 3.  Documents to be produced by virtue of Article 44 (5) (a) and (b) of the Rules of Procedure in  the case of an application made by a legal person must include the authority granted to the lawyer,  signed by a representative of that legal person authorized for the purpose, as well as evidence  establishing the existence in law of the legal person and the power of the authority's signatory to  act in the name of the legal person. Article 8 Translations 1.  The Registrar shall, in accordance with Article 36 (1) of the Rules  of Procedure, arrange for everything said or written in the course of the proceedings to be  translated, at the request of a Judge, an Advocate-General or a party, into the language of the  case or, where necessary, into another language as provided for in Article 35 (2) of the Rules of  Procedure. Where, for the purposes of the efficient conduct of the proceedings, a translation into  another language, as provided for in Article 35 (1) of the Rules of Procedure, is necessary, the  Registrar shall also arrange for such a translation to be made. 2.  The Registrar shall prescribe the periods within which institutions which are parties to  proceedings are to produce the translations provided for by Article 43 (2) of the Rules of  Procedure. Article 9 Service 1.  Service shall be effected, in accordance with Article 100 of the Rules of  Procedure, either by the dispatch by registered post, with a form for acknowledgment of receipt, of  a certified copy of the original of the document to be served or by personal delivery of such copy  to the addressee against a receipt. If need be, the certified copy shall be prepared by the  Registrar. The copy of the document shall be accompanied by a letter specifying the case number, the register  number and a brief indication of the nature of the document. 2.  Provided that the addressee concerned has an address for service in Luxembourg, documents shall  be served on the person authorized to accept service. Where, contrary to the first subparagraph of Article 44 (2) of the Rules of Procedure, a party has  omitted to state an address for service in Luxembourg, service shall be effected by the posting in  Luxembourg of a registered letter addressed to the lawyer or agent of the party concerned. 3.  The form for acknowledgment of receipt, the receipt or, where applicable, the proof of posting  of the registered letter in Luxembourg shall be kept in the case-file together with the copy of the  letter addressed to the person upon whom service was to be effected. 4.  If, owing to the length of a document, only one copy is annexed to a procedural document lodged  by a party or if, for other reasons, copies of a document or an object lodged at the Registry  cannot be forwarded to the parties, the Registrar shall inform the parties accordingly and indicate  to them that the document or object in question is available to them at the Registry. Article 10 Setting and extension of time limits 1.  The Registrar shall prescribe the time  limits provided for in the Rules of Procedure, in accordance with the authority accorded to him by  the President. 2.  Documents received at the Registry after the period prescribed for their lodgment has expired  may be accepted only with the authorization of the President. 3.  Where a procedural document is received at the Registry by means of facsimile transmission  before the expiry of the period prescribed for its lodgment and the original of the document  concerned is then lodged with the required promptness, the Registrar shall accept lodgment of the  document as if it had occurred on the date on which the facsimile transmission was received,  provided that the time limit is one which may be extended pursuant to Article 103 of the Rules of  Procedure. In particular, originating applications or applications to intervene may not be lodged by means of  facsimile transmission. 4.  The Registrar may extend the time limits prescribed, in accordance with the authority accorded  to him by the President. When necessary, he shall submit to the President proposals for the  extension of time limits. Applications for extensions of time limits must be duly reasoned and be submitted in good time  before the expiry of the period prescribed. A time limit may not be extended more than once save  for exceptional reasons. Article 11 Procedures on applications for interim measures 1.  In the procedures referred to in  Articles 104 to 110 of the Rules of Procedure, applications, written observations, applications to  intervene and other procedural documents may be submitted by means of facsimile transmission  followed by the sending of the original document. 2.  The Registrar may send messages and serve documents by all appropriate means which urgency  requires, and in particular by means of facsimile transmission; in the event of facsimile  transmission, the Registrar shall nevertheless ensure that the facsimile transmission is followed  by a dispatch in the manner prescribed by Article 100 of the Rules of Procedure. Article 12 Hearings and minutes of hearings 1.  Before every public hearing the Registrar shall  draw up a cause list in the language of the case. The cause list shall contain the date, hour and  place of the hearing, an indication of the cases which will be called and the names of the  parties. The cause list shall be displayed at the entrance to the courtroom. 2.  The Registrar shall draw up in the respective language of each case the minutes of every  hearing. Those minutes shall contain an indication of the case, the date, hour and place of the  hearing, an indication of whether the hearing was in public or in camera, the names of the Judges,  the Advocate-General and the Registrar present, the names and capacities of the agents, lawyers or  advisers of the parties present, the surnames, forenames, status and permanent addresses of the  witnesses or experts examined, an indication of the evidence or documents produced at the hearing  and, in so far as is necessary, the statements made at the hearing and the decisions pronounced at  the hearing by the Court or the President. 3.  Minutes of the examination of a witness which reproduce the witness's evidence shall be drawn  up by the Registrar in the language in which the witness gave his evidence. Before signing the minutes and submitting them to the President for his signature the Registrar  shall forward the draft minutes to the witness, if necessary by registered post, and request the  witness to check them, make any observations which he may wish to make upon them and sign them. Article 13 Witnesses and experts 1.  The Registrar shall take the measures necessary for giving  effect to orders requiring the taking of expert opinion or the examination of witnesses. 2.  The Registrar shall obtain from witnesses evidence of their expenses and loss of earnings and  from experts a fee note accounting for their expenses and services. 3.  The Registrar shall cause sums due to witnesses and experts under the Rules of Procedure to be  paid from the Court's treasury. In the event of a dispute concerning such sums, the Registrar shall  refer the matter to the President in order for a decision to be taken. 4.  The Registrar shall arrange for the costs of examining experts or witnesses advances by the  Court in a case to be demanded from the parties ordered to pay the costs. If necessary, steps  pursuant to Article 15 (2) shall be taken. Article 14 Originals of judgments and orders 1.  Originals of judgments and orders of the Court  shall be kept in chronological order in the archives of the Registry. A certified copy shall be  placed on the case file. At the parties' request, the Registrar shall supply them with a certified copy of the original of a  judgment or of an order. The Registrar may supply uncertified copies of judgments and orders to third parties who so  request. 2.  Judgments or orders rectifying or interpreting a judgment or an order, judgments given on  applications to set aside judgments by default, judgments and orders given in third-party  proceedings or on applications for revision and judgments or orders given by the Court of Justice  in appeals shall be mentioned in the margin of the judgment or order concerned. A certified copy  shall be appended to the original of the judgment or order. Article 15 Recovery of sums 1.  Where sums paid out by way of legal aid or sums advanced to  witnesses or experts are recoverable, the Registrar shall, by registered letter, demand payment to  those sums from the party which is to bear them in accordance with the Rules of Procedure. 2.  If the sums demanded are not paid within the period prescribed by the Registrar, he may request  the Court to make an enforceable decision and, if necessary, require its enforcement. Article 16 Registry charges 1.  Where a copy of a procedural document or an extract from the  case-file or from the register is supplied to a party at its request, the Registrar shall impose a  Registry charge of ECU 3,50 a page for a certified copy and ECU 2,50 a page for an uncertified  copy. 2.  Where the Registrar arranges for a procedural document or an extract from the case-file to be  translated at the request of a party, a Registry charge of ECU 1,25 a line shall be imposed. 3.  The charges referred in this Article shall, as from 1 January 1994, be increased by 10  % each  time the weighted cost-of-living index published by the Government of the Grand Duchy of Luxembourg  is increased by 10  %. Article 17 Publications 1.  The Registrar shall cause to be published in the Official Journal  of the European Communities the composition of the Chambers and the criteria applied in the  allocation of cases to them, the election of the President of the Court of First Instance and of  the Presidents of Chambers, the appointment of the Registrar and of any Deputy Registrar. 2.  The Registrar shall cause to be published in the Official Journal of the European Communities  notices of proceedings brought and of decisions closing proceedings. 3.  The Registar shall ensure that the case-law of the Court of First Instance is made public and  that the Reports of Cases before the Court of First Instance are published in the languages  referred to in Article 1 of Council Regulation No 1 and in accordance with any arrangements adopted  by the Court of First Instance. 4.  Where a party so requests or the Court of its own motion so decides, the names of parties or  third parties or other information may be omitted from the publications relating to a case if there  is a legitimate interest in keeping the identity of a person or other information confidential. Article 18 Advice for lawyers and agents 1.  At the request of lawyers or agents or, if need  be, of his own accord, the Registrar shall send to lawyers or agents a copy of these Instructions  to the Registrar. 2.  The Registrar shall draw up notes of advice on the conduct of the written and oral procedure  and make them known to lawyers and agents. 3.  When requested by lawyers or agents, the Registrar shall provide them with information on the  practice followed pursuant to the Rules of Procedure and pursuant to these Instructions to the  Registrar in order to ensure that proceedings are conducted efficiently. Article 19 Derogations from these Instructions Where the special circumstances of a case and  the proper administration of justice require, the Court or the President may derogate from any of  these Instructions to the Registrar. Article 20 Entry into force of these Instructions These Instructions to the Registrar, which  are authentic in the languages referred to in Article 36 (2) of the Rules of Procedure, shall be  published in the Official Journal of the European Communities. They shall enter into force on the day following their publication. Done at Luxembourg, 3 March 1994. Registrar H. JUNG President J.  L. DA CRUZ VILAÇA