Rules of Procedure of the Court of Justice of the European Communities (codified version)
Date: 1999-03-06
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, European Economic Area, General Court (EU), administrative structures, judicial proceedings, regulation (EU)

6.3.1999

EN

Official  Journal  of  the  European  Communities

C  65/1

I

(Information)

COURT  OF  JUSTICE

COURT  OF  JUSTICE

Codified  version  of  the  Rules  of  Procedure

(1999/C  65/01)

This  edition  consolidates:

the  Rules  of  Procedure  of  the  Court  of  Justice  of  the  European  Communities  of  19  June  1991
(Official  Journal  Nos  L  176  of  4.7.1991,  p.  7,  and  L  383  of  29.12.1992  —  corrigenda)

and  the  amendments  resulting  from  the  following  measures:

1.  Amendments  to  the  Rules  of  Procedure  of  the  Court  of  Justice  of  the  European

Communities  of  21  February  1995  (OJ  L  44  of  28.2.1995,  p.  61)

2.  Amendments  to  the  Rules  of  Procedure  of  the  Court  of  Justice  of  the  European
Communities  of  11  March  1997  (OJ  L  103  of  19.4.1997,  p.  1,  and  OJ  L  351  of
23.12.1997,  p.  72  (corrigenda))

3.  Decision  of  the  Court  of  Justice  of  11  March  1997  amending  Annex  II  to  the  Rules  of

Procedure  of  11  March  1997  (OJ  L  103  of  19.4.1997,  p.  3)

This  edition  has  no  legal  force  and  the  preambles  have  therefore  been  omitted.

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RULES  OF  PROCEDURE
OF  THE  COURT  OF  JUSTICE  OF  THE  EUROPEAN
COMMUNITIES

OF  19  JUNE  1991 (1)

(1)  OJ  L  176  of  4.7.1991,  p.  7,  and  OJ  L  383  (corrigenda)  of  29.12.1992,  with  amendments  published  in
OJ L 44 of 28.2.1995, p. 61, and in OJ L 103 of 19.4.1997, pp. 1 and 3, and OJ L 351 (corrigenda) of
23.12.1997.

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CONTENTS

Page

Interpretation  (Article  1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Title  I  —  Organisation  of  the  Court

Chapter  1 —  Judges  and  Advocates-General  (Articles  2  to  6)

. . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter  2 —  Presidency  of  the  Court  and  constitution  of  the  Chambers  (Articles  7  to  11) . . .

Chapter  3 —  Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section  1 —  The  Registrar  and  Assistant  Registrars  (Articles  12  to  19)

. . . . . . . . . . . . . . . . . .

7

8

9

9

Section  2 —  Other  departments  (Articles  20  to  23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

Chapter  4 —  Assistant  Rapporteurs  (Article  24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

Chapter  5 —  The  working  of  the  Court  (Articles  25  to  28)

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

Chapter  6 —  Languages  (Articles  29  to  31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

Chapter  7 —  Rights  and  obligations  of  agents,  advisers  and  lawyers  (Articles  32  to  36) . . . . .

13

Title  II  —  Procedure

Chapter  1 —  Written  procedure  (Articles  37  to  44a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

Chapter  2 —  Preparatory  inquries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section  1 —  Measures  of  inquiry  (Articles  45  and  46)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section  2 —  The  summoning  and  examination  of  witnesses  and  experts  (Articles  47  to  53) . .

Section  3 —  Closure  of  the  preparatory  inquiry  (Article  54) . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

16

17

19

Chapter  3 —  Oral  procedure  (Articles  55  to  62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

Chapter  4 —  Judgments  (Articles  63  to  68) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

Chapter  5 —  Costs  (Articles  69  to  75) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

Chapter  6 —  Legal  aid  (Article  76) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

Chapter  7 —  Discontinuance  (Articles  77  and  78)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

Chapter  8 —  Service  (Article  79) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

Chapter  9 —  Time-limits  (Articles  80  to  82) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

Chapter  10 —  Stay  of  proceedings  (Article  82a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

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Official  Journal  of  the  European  Communities

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Title  III  —  Special  forms  of  procedure

Chapter  1 —  Suspension  of  operation  or  enforcement  and  other  interim  measures  (Articles  83
to  90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

Chapter  2 —  Preliminary  issues  (Articles  91  and  92)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

Chapter  3 —  Intervention  (Article  93)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

Chapter  4 —  Judgments  by  default  and  applications  to  set  them  aside  (Article  94) . . . . . . . . . .

26

Chapter  5 —  Cases  assigned  to  Chambers  (Article  95) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

Chapter  6 —  Exeptional  review  procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section  1 —  Third-party  proceedings  (Article  97)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section  2 —  Revision  (Articles  98  to  100) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

27

28

Chapter  7 —  Appeals  against  decisions  of  the  Arbitration  Committee  (Article  101) . . . . . . . . .

28

Chapter  8 —  Interpretation  of  judgments  (Article  102)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

Chapter  9 —  Preliminary  rulings  and  other  references  for  interpretation  (Articles  103  and
104) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter  10 —  Special  procedures  under  Articles  103  to  105  of  the  EAEC  Treaty  (Articles  105
and  106) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

30

Chapter  11 —  Opinions  (Articles  107  to  109) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

Title  IV  — Appeals  against  decisions  of  the  Court  of  First  Instance  (Articles  110  to  123) . . . . . . . .

31

Title  V  — Procedures  provided  for  by  the  EEA  Agreement  (Articles  123a  and  123b) . . . . . . . . . . .

33

Miscellaneous  provisions  (Articles  124  to  127) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

Annex  I —  Decision  on  official  holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

Annex  II —  Decision  on  extension  of  the  time-limits  on  account  of  distance . . . . . . . . . . . . . . . . . .

36

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INTERPRETATION

Article  1

In  these  Rules:

‘EC  Treaty’  means  the  Treaty  establishing  the  European  Community;

‘EC  Statute’  means  the  Protocol  on  the  Statute  of  the  Court  of  Justice  of  the  European
Community;

‘ECSC  Treaty’  means  the  Treaty  establishing  the  European  Coal  and  Steel  Community;

‘ECSC Statute’ means the Protocol on the Statute of the Court of Justice of the European Coal
and  Steel  Community;

‘EAEC  Treaty’  means  the  Treaty  establishing  the  European  Atomic  Energy  Community;

‘EAEC  Statute’  means  the  Protocol  on  the  Statute  of  the  Court  of  Justice  of  the  European
Atomic  Energy  Community;

‘EEA  Agreement’  means  the  Agreement  on  the  European  Economic  Area.

For  the  purposes  of  these  Rules:

—  ‘institutions’ means the institutions of the Communities and bodies which are established by
the  Treaties,  or  by  an  act  adopted  in  implementation  thereof,  and  which  may  be  parties
before  the  Court,

—  ‘EFTA  Surveillance  Authority’  means  the  surveillance  authority  referred  to  in  the  EEA

Agreement.

TITLE  I

ORGANISATION  OF  THE  COURT

C h a p t e r   1

JUDGES  AND  ADVOCATES-GENERAL

Article  2

Immediately after taking the oath, a Judge shall sign a
2.
declaration  by  which  he  solemnly  undertakes  that,  both
during  and  after  his  term  of  office,  he  will  respect  the
obligations  arising  therefrom,  and  in  particular  the  duty
to  behave  with  integrity  and  discretion  as  regards  the
acceptance,  after  he  has  ceased  to  hold  office,  of  certain
appointments  and  benefits.

The term of office of a Judge shall begin on the date laid
down in his instrument of appointment. In the absence of
any provisions regarding the date, the term shall begin on
the  date  of  the  instrument.

Article  3

Article  4

1. Before  taking  up  his  duties,  a  Judge  shall  at  the  first
public  sitting  of  the  Court  which  he  attends  after  his
appointment  take  the  following  oath:

‘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’.

When the Court is called upon to decide whether a Judge
no  longer  fulfils  the  requisite  conditions  or  no  longer
meets the obligations arising from his office, the President
shall  invite  the  Judge  concerned  to  make  representations
to  the  Court,  in  closed  session  and  in  the  absence  of  the
Registrar.

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Article  5

The  composition  of  the  Chambers  shall  be  published  in
the  Official  Journal  of  the  European  Communities.

Articles  2,  3  and  4  of  these  Rules  shall  apply  in  a
corresponding  manner  to  Advocates-General.

Article  6

Judges  and  Advocates-General  shall  rank  equally  in
precedence  according  to  their  seniority  in  office.

Where  there  is  equal  seniority  in  office,  precedence  shall
be  determined  by  age.

Retiring 
reappointed  shall  retain  their  former  precedence.

Judges  and  Advocates-General  who  are

C h a p t e r   2

PRESIDENCY  OF  THE  COURT  AND  CONSTITUTION  OF
THE  CHAMBERS

Article  7

1. The  Judges  shall, 
immediately  after  the  partial
replacement provided for in Article 167 of the EC Treaty,
Article  32b  of  the  ECSC  Treaty  and  Article  139  of  the
EAEC  Treaty,  elect  one  of  their  number  as  President  of
the  Court  for  a  term  of  three  years.

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

3. The  elections  provided  for  in  this  Article  shall  be  by
secret  ballot.  If  a  Judge  obtains  an  absolute  majority  he
shall be elected. If no Judge obtains an absolute majority,
a second ballot shall be held and the Judge obtaining the
most  votes  shall  be  elected.  Where  two  or  more  Judges
obtain an equal number of votes the oldest of them shall
be  deemed  elected.

2. As  soon  as  an  application  initiating  proceedings  has
been lodged, the President shall assign the case to one of
the  Chambers  for  any  preparatory  inquiries  and  shall
designate  a  Judge  from  that  Chamber  to  act  as
Rapporteur.

3. The Court shall lay down criteria by which, as a rule,
cases  are  to  be  assigned  to  Chambers.

4. These  Rules  shall  apply  to  proceedings  before  the
Chambers.

In  cases  assigned  to  a  Chamber  the  powers  of  the
President of the Court shall be exercised by the President
of  the  Chamber.

Article  10

1. The  Court  shall  appoint  for  a  period  of  one  year  the
Presidents 
First
the  Chambers 
Advocate-General.

and 

the 

of 

The  provisions  of  Article  7(2)  and  (3)  shall  apply.

Appointments  made  in  pursuance  of  this  paragraph  shall
be  published  in  the  Official  Journal  of  the  European
Communities.

2. The  First  Advocate-General  shall  assign  each  case  to
an  Advocate-General  as  soon  as  the  Judge-Rapporteur
has  been  designated  by  the  President.  He  shall  take  the
necessary  steps  if  an  Advocate-General  is  absent  or
prevented  from  acting.

Article  8

Article  11

The  President  shall  direct  the  judicial  business  and  the
administration  of  the  Court;  he  shall  preside  at  hearings
and deliberations.

Article  9

When  the  President  of  the  Court  is  absent  or  prevented
from  attending  or  when  the  office  of  President  is  vacant,
the  functions  of  President  shall  be  exercised  by  a
President  of  a  Chamber  according  to  the  order  of
precedence  laid  down  in  Article  6  of  these  Rules.

1. The  Court  shall  set  up  Chambers  in  accordance  with
the  provisions  of  the  second  paragraph  of  Article  165  of
the EC Treaty, the second paragraph of Article 32 of the
ECSC Treaty and the second paragraph of Article 137 of
the  EAEC  Treaty  and  shall  decide  which  Judges  shall  be
attached  to  them.

If  the  President  of  the  Court  and  the  President  of  the
Chambers  are  all  prevented  from  attending  at  the  same
time,  or  their  posts  are  vacant  at  the  same  time,  the
functions  of  President  shall  be  exercised  by  one  of  the
other  Judges  according  to  the  order  of  precedence  laid
down  in  Article  6  of  these  Rules.

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C h a p t e r   3

REGISTRY

Registrars  to  assist  the  Registrar  and  to  take  his  place  in
so  far  as  the  Instructions  to  the  Registrar  referred  to  in
Article  15  of  these  Rules  allow.

Section  1  —  The  Registrar  and  Assistant  Registrars

Article  14

Article  12

Where  the  Registrar  and  the  Assistant  Registrars  are
absent  or  prevented  from  attending  or  their  posts  are
vacant,  the  President  shall  designate  an  official  to  carry
out  temporarily  the  duties  of  Registrar.

1. The  Court  shall  appoint  the  Registrar.  Two  weeks
before  the  date  fixed  for  making  the  appointment,  the
President  shall  inform  the  Members  of  the  Court  of  the
applications  which  have  been  made  for  the  post.

Article  15

2. An application shall be accompanied by full details of
the  candidate’s  age,  nationality,  university  degrees,
knowledge  of  any 
languages,  present  and  past
occupations  and  experience,  if  any,  in  judicial  and
international  fields.

3. The  appointment  shall  be  made 
following 
procedure  laid  down  in  Article  7(3)  of  these  Rules.

the

4. The  Registrar  shall  be  appointed  for  a  term  of  six
years.  He  may  be  reappointed.

Instructions  to  the  Registrar  shall  be  adopted  by  the
Court  acting  on  a  proposal  from  the  President.

Article  16

1. There shall be kept in the Registry, under the control
of  the  Registrar,  a  register  initialled  by  the  President,  in
which  all  pleadings  and  supporting  documents  shall  be
entered  in  the  order  in  which  they  are  lodged.

5. The  Registrar  shall  take  the  oath  in  accordance  with
Article  3  of  these  Rules.

2. When  a  document  has  been  registered,  the  Registrar
shall  make  a  note  to  that  effect  on  the  original  and,  if  a
party  so  requests,  on  any  copy  submitted  for  the
purpose.

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  Court
shall  take  its  decision  after  giving  the  Registrar  an
opportunity  to  make  representations.

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

Article  13

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

4. Rules  for  keeping  the  register  shall  be  prescribed  by
the  Instructions  to  the  Registrar  referred  to  in  Article  15
of  these  Rules.

5. Persons having an interest may consult the register at
the  Registry  and  may  obtain  copies  or  extracts  on
payment  of  a  charge  on  a  scale  fixed  by  the  Court  on  a
proposal  from  the  Registrar.

The  Court  may,  following  the  procedure  laid  down  in
respect  of  the  Registrar,  appoint  one  or  more  Assistant

The parties to a case may on payment of the appropriate
charge  also  obtain  copies  of  pleadings  and  authenticated
copies  of  judgments  and  orders.

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initiating  proceedings, 

6. Notice  shall  be  given  in  the  Official  Journal  of  the
European  Communities  of  the  date  of  registration  of  an
application 
the  names  and
addresses  of  the  parties,  the  subject-matter  of  the
proceedings,  the  form  of  order  sought  by  the  applicant
and  a  summary  of  the  pleas  in  law  and  of  the  main
supporting  arguments.

2. Before  taking  up  his  duties,  an  official  shall  take  the
following oath before the President, in the presence of the
Registrar:

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

7. Where  the  Council  or  the  Commission  is  not  a  party
to  a  case,  the  Court  shall  send  to  it  copies  of  the
application  and  of  the  defence,  without  the  annexes
thereto,  to  enable  it  to  assess  whether  the  inapplicability
of  one  of  its  acts  is  being  invoked  under  Article  184  of
the  EC  Treaty,  the  third  paragraph  of  Article  36  of  the
ECSC  Treaty  or  Article  156  of  the  EAEC  Treaty.

Article  21

The organisation of the departments of the Court shall be
laid  down,  and  may  be  modified,  by  the  Court  on  a
proposal  from  the  Registrar.

Article  17

Article  22

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

the  President, 

for 

2. The  Registrar  shall  assist  the  Court,  the  Chambers,
the  President  and  the  Judges 
in  all  their  official
functions.

Article  18

The Registrar shall have custody of the seals. He shall be
responsible  for  the  records  and  be  in  charge  of  the
publications  of  the  Court.

Article  19

Subject to Articles 4 and 27 of these Rules, the Registrar
shall  attend  the  sittings  of  the  Court  and  of  the
Chambers.

The  Court  shall  set  up  a  translating  service  staffed  by
experts  with  adequate  legal  training  and  a  thorough
knowledge  of  several  official  languages  of  the  Court.

Article  23

The Registrar shall be responsible, under the authority of
the  President,  for  the  administration  of  the  Court,  its
financial  management  and  its  accounts;  he  shall  be
assisted  in  this  by  an  administrator.

C h a p t e r   4

ASSISTANT RAPPORTEURS

Article  24

the  Court 

the  opinion 

1. Where 
the
is  of 
consideration of and preparatory inquiries in cases before
it  so  require,  it  shall,  pursuant  to  Article  12  of  the  EC
Statute, Article 16 of the ECSC Statute and Article 12 of
the  EAEC  Statute,  propose  the  appointment  of  Assistant
Rapporteurs.

that 

Section  2  —  Other  departments

Article  20

2. Assistant  Rapporteurs  shall  in  particular:

—  assist  the  President  in  connection  with  applications

for  the  adoption  of  interim  measures

—  assist  the  Judge-Rapporteurs  in  their  work.

1. The  official  and  other  servants  of  the  Court  shall  be
appointed  in  accordance  with  the  provisions  of  the  Staff
Regulations.

3.
In  the  performance  of  their  duties  the  Assistant
Rapporteurs  shall  be  responsible  to  the  President  of  the
Court, 
a
of 
Judge-Rapporteur,  as  the  case  may  be.

a  Chamber 

President 

the 

or 

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4. Before  taking  up  his  duties,  an  Assistant  Rapporteur
shall  take  before  the  Court  the  oath  set  out  in  Article  3
of  these  Rules.

Article  27

1. The  Court  and  Chambers  shall  deliberate  in  closed
session.

C h a p t e r   5

THE  WORKING  OF  THE  COURT

2. Only  those  Judges  who  were  present  at  the  oral
proceedings  and  the  Assistant  Rapporteur, 
if  any,
entrusted  with  the  consideration  of  the  case  may  take
part  in  the  deliberations.

Article  25

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

1. The  dates  and  times  of  the  sittings  of  the  Court  shall
be  fixed  by  the  President.

2. The  dates  and  times  of  the  sittings  of  the  Chambers
shall  be  fixed  by  their  respective  Presidents.

4. Any  Judge  may  require  that  any  questions  be
formulated 
language  of  his  choice  and
communicated in writing to the Court or Chamber before
being  put  to  the  vote.

the 

in 

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

5. The conclusions reached by the majority of the Judges
after  final  discussion  shall  determine  the  decision  of  the
Court. Votes shall be cast in reverse order to the order of
precedence  laid  down  in  Article  6  of  these  Rules.

Article  26

6. Differences  of  view  on  the  substance,  wording  or
order  of  questions,  or  on  the  interpretation  of  the  voting
shall  be  settled  by  decision  of  the  Court  or  Chamber.

1. Where,  by  reason  of  a  Judge  being  absent  or
prevented  from  attending,  there  is  an  even  number  of
Judges,  the  most  junior  Judge  within  the  meaning  of
Article  6  of  these  Rules  shall  abstain  from  taking  part  in
the  deliberations  unless  he  is  the  Judge-Rapporteur.  In
that  case  the  Judge  immediately  senior  to  him  shall
abstain  from  taking  part  in  the  deliberations.

2.
If  after  the  Court  has  been  convened  it  is  found  that
the  quorum  of  seven  Judges  referred  to  in  Article  15  of
the  EC  Statute,  Article  18  of  the  ECSC  Statute  and
Article 15 of the EAEC Statute has not been attained, the
President  shall  adjourn  the  sitting  until  there  is  a
quorum.

3.
If  in  any  Chamber  the  quorum  of  three  Judges
referred  to  in  Article  15  of  the  EC  Statute,  Article  18  of
the ECSC Statute and Article 15 of the EAEC Statute has
not been attained, the President of that Chamber shall so
inform  the  President  of  the  Court  who  shall  designate
another  Judge  to  complete  the  Chamber.

of 

the  deliberations  of 

the  Court  concern
7. Where 
questions 
the
own 
Advocates-General  shall  take  part  and  have  a  vote.  The
Registrar shall be present, unless the Court decides to the
contrary.

administration, 

its 

8. Where  the  Court  sits  without  the  Registrar  being
present  it  shall,  if  necessary,  instruct  the  most  junior
Judge  within  the  meaning  of  Article  6  of  these  Rules  to
draw  up  minutes.  The  minutes  shall  be  signed  by  that
Judge  and  by  the  President.

Article  28

1. Subject  to  any  special  decision  of  the  Court,  its
vacations  shall  be  as  follows:

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—  from  18  December  to  10  January,

—  from  the  Sunday  before  Easter  to  the  second  Sunday

after  Easter,

—  from  15  July  to  15  September.

During  the  vacations,  the  functions  of  President  shall  be
exercised  at  the  place  where  the  Court  has  its  seat  either
by  the  President  himself,  keeping  in  touch  with  the
Registrar,  or  by  a  President  of  Chamber  or  other  Judge
invited  by  the  President  to  take  his  place.

2.
In  a  case  of  urgency,  the  President  may  convene  the
Judges  and  the  Advocates-General  during  the  vacations.

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

4. The  Court  may,  in  proper  circumstances,  grant  leave
of  absence  to  any  Judge  or  Advocate-General.

C h a p t e r   6

LANGUAGES

Article  29

1. The  language  of  a  case  shall  be  Danish,  Dutch,
English,  Finnish,  French,  German,  Greek,  Irish,  Italian,
Portuguese,  Spanish  or  Swedish.

2. 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  parties  the  use  of  another
of  the  languages  mentioned  in  paragraph  1  for  all  or
part  of  the  proceedings  may  be  authorised;

(c)  at  the  request  of  one  of  the  parties,  and  after  the
opposite  party  and  the  Advocate-General  have  been
heard, the use of another of the languages mentioned
in  paragraph  1  as  the  language  of  the  case  for  all  or
part  of  the  proceedings  may  be  authorised  by  way  of
derogation  from  subparagraphs  (a)  and  (b);  such  a
request may not be submitted by an institution of the
European  Communities.

In  cases  to  which  Article  103  of  these  Rules  applies,  the
language of the case shall be the language of the national
court or tribunal which refers the matter to the Court. At
the duly substantiated request of one of the parties to the
main  proceedings,  and  after  the  opposite  party  and  the
Advocate-General have been heard, the use of another of
the 
in  paragraph  1  may  be
languages  mentioned 
authorised  for  the  oral  procedure.

Requests  as  above  may  be  decided  on  by  the  President;
the  latter  may  and,  where  he  wishes  to  accede  to  a
request  without  the  agreement  of  all  the  parties,  must
refer  the  request  to  the  Court.

3. The language of the case shall in particular be used in
the  written  and  oral  pleadings  of  the  parties  and  in
supporting  documents,  and  also  in  the  minutes  and
decisions  of  the  Court.

Any supporting documents expressed in another language
must  be  accompanied  by  a  translation  into  the  language
of  the  case.

In  the  case  of  lengthy  documents,  translations  may  be
confined  to  extracts.  However,  the  Court  or  Chamber
may,  of  its  own  motion  or  at  the  request  of  a  party,  at
any  time  call  for  a  complete  or  fuller  translation.

Notwithstanding  the  foregoing  provisions,  a  Member
State  shall  be  entitled  to  use  its  official  language  when
intervening  in  a  case  before  the  Court  or  when  taking
part in any reference of a kind mentioned in Article 103.
This provision shall apply both to written statements and
to  oral  addresses.  The  Registrar  shall  cause  any  such
statement or address to be translated into the language of
the  case.

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  paragraph  1,  other  than  the
language of the case, when they intervene in a case before
the Court or participate in preliminary ruling proceedings
envisaged by Article 20 of the EC Statute. This provision
shall apply both to written statements and oral addresses.
The  Registrar  shall  cause  any  such  statement  or  address
to  be  translated  into  the  language  of  the  case.

4. Where  a  witness  or  expert  states  that  he  is  unable
adequately  to  express  himself  in  one  of  the  languages
referred  to  in  paragraph  (1)  of  this  Article,  the  Court  or
Chamber  may  authorise  him  to  give  his  evidence  in
another 
language.  The  Registrar  shall  arrange  for
translation  into  the  language  of  the  case.

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in 

conducting  oral  proceedings, 

5. The  President  of  the  Court  and  the  Presidents  of
Chambers 
the
Judge-Rapporteur  both  in  his  preliminary  report  and  in
his  report  for  the  hearing,  Judges  and  Advocates-General
in  putting  questions  and  Advocates-General  in  delivering
their opinions may use one of the languages referred to in
paragraph 1 of this Article other than the language of the
case.  The  Registrar  shall  arrange  for  translation  into  the
language  of  the  case.

Article  30

1. 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  Court  or  a  Chamber  to  be  translated  into  the
languages  he  chooses  from  those  referred  to  in  Article
29(1).

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

Article  31

The  texts  of  documents  drawn  up  in  the  language  of  the
case  or  in  any  other  language  authorised  by  the  Court
pursuant  to  Article  29  of  these  Rules  shall  be  authentic.

event of a dispute the customs officials or police may
seal  those  papers  and  documents;  they  shall  then  be
immediately forwarded to the Court for inspection in
the  presence  of  the  Registrar  and  of  the  person
concerned;

(b) agents,  advisers  and  lawyers  shall  be  entitled  to  such
allocation of foreign currency as may be necessary for
the  performance  of  their  duties;

(c)  agents, advisers and lawyers shall be entitled to travel

in  the  course  of  duty  without  hindrance.

Article  33

In  order  to  qualify  for  the  privileges,  immunities  and
facilities  specified  in  Article  32,  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,  and  shall  forward
without  delay  a  copy  thereof  to  the  Registrar;

(b) advisers and lawyers shall produce a certificate signed
by  the  Registrar.  The  validity  of  this  certificate  shall
be  limited  to  a  specified  period,  which  may  be
extended  or  curtailed  according  to  the  length  of  the
proceedings.

Article  34

The  privileges,  immunities  and  facilities  specified  in
Article  32  of  these  Rules  are  granted  exclusively  in  the
interests  of  the  proper  conduct  of  proceedings.

C h a p t e r   7

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

RIGHTS  AND  OBLIGATIONS  OF  AGENTS,  ADVISERS
AND  LAWYERS

Article  32

1. Agents,  advisers  and  lawyers  appearing  before  the
Court or before any judicial authority to which the Court
has  addressed  letters  rogatory,  shall  enjoy  immunity  in
respect  of  words  spoken  or  written  by  them  concerning
the  case  or  the  parties.

Article  35

1. Any  adviser  or  lawyer  whose  conduct  towards  the
Court,  a  Chamber,  a  Judge,  an  Advocate-General  or  the
Registrar  is  incompatible  with  the  dignity  of  the  Court,
or  who  uses  his  rights  for  purposes  other  than  those  for
which  they  were  granted,  may  at  any  time  be  excluded
from  the  proceedings  by  an  order  of  the  Court  or
Chamber, after the Advocate-General has been heard; the
person concerned shall be given an opportunity to defend
himself.

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

The  order  shall  have  immediate  effect.

(a)  papers  and  documents  relating  to  the  proceedings
shall  be  exempt  from  both  search  and  seizure;  in  the

2. Where  an  adviser  or  lawyer  is  excluded  from  the
proceedings,  the  proceedings  shall  be  suspended  for  a

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period  fixed  by  the  President  in  order  to  allow  the  party
concerned  to  appoint  another  adviser  or  lawyer.

Article  36

3. Decisions 
rescinded.

taken  under 

this  Article  may  be

The  provisions  of  this  Chapter  shall  apply  to  university
teachers who have a right of audience before the Court in
accordance  with  Article  17  of  the  EC  Statute,  Article  20
of  the  ECSC  Statute  and  Article  17  of  the  EAEC
Statute.

TITLE  II

PROCEDURE

C h a p t e r   1

Article  38

WRITTEN  PROCEDURE

1. An application of the kind referred to in Article 19 of
the  EC  Statute,  Article  22  of  the  ECSC  Statute  and
Article  19  of  the  EAEC  Statute  shall  state:

Article  37

(a)  the  name  and  address  of  the  applicant;

1. The  original  of  every  pleading  must  be  signed  by  the
party’s  agent  or  lawyer.

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

shall 

Institutions 

2.
in  addition  produce,  within
time-limits  laid  down  by  the  Court,  translations  of  all
pleadings into the other languages provided for by Article
1 of Council Regulation No 1. The second subparagraph
of  paragraph  1  of  this  Article  shall  apply.

3. All  pleadings  shall  bear  a  date.  In  the  reckoning  of
time-limits  for  taking  steps  in  proceedings,  only  the  date
of  lodgment  at  the  Registry  shall  be  taken  into  account.

4. To  every  pleading  there  shall  be  annexed  a  file
containing  the  documents  relied  on  in  support  of  it,
together  with  a  schedule  listing  them.

(b) the  designation  of  the  party  against  whom  the

application  is  made;

(c)  the  subject-matter  of  the  proceedings  and  a  summary
of  the  pleas  in  law  on  which  the  application  is
based;

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

(e)  where appropriate, the nature of any evidence offered

in  support.

2. For  the  purpose  of  the  proceedings,  the  application
shall  state  an  address  for  service  in  the  place  where  the
Court  has  its  seat  and  the  name  of  the  person  who  is
authorised  and  has  expressed  willingness  to  accept
service.

the  application  does  not  comply  with 

If 
these
requirements,  all  service  on  the  party  concerned  for  the
purpose  of  the  proceedings  shall  be  effected,  for  so  long
as  the  defect  has  not  been  cured,  by  registered  letter
addressed to the agent or lawyer of that party. By way of
derogation  from  Article  79,  service  shall  then  be  deemed
to  be  duly  effected  by  the  lodging  of  the  registered  letter
at  the  post  office  of  the  place  where  the  Court  has  its
seat.

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

3. The  lawyer  acting  for  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.

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4. The  application 
shall  be  accompanied,  where
appropriate,  by  the  documents  specified  in  the  second
paragraph  of  Article  19  of  the  EC  Statute,  the  second
paragraph  of  Article  22  of  the  ECSC  Statute  and  the
second  paragraph  of  Article  19  of  the  EAEC  Statute.

5. An  application  made  by  a  legal  person  governed  by
private  law  shall  be  accompanied  by:

(a)  the  name  and  address  of  the  defendant;

(b) the  arguments  of  fact  and  law  relied  on;

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

(d) the  nature  of  any  evidence  offered  by  him.

(a)  the 

instrument  or 

instruments  constituting  or
regulating  that  legal  person  or  a  recent  extract  from
the register of companies, firms or associations or any
other  proof  of  its  existence  in  law;

The provisions of Article 38(2) to (5) of these Rules shall
apply  to  the  defence.

(b) proof  that  the  authority  granted  to  the  applicant’s
lawyer  has  been  properly  conferred  on  him  by
someone  authorised  for  the  purpose.

2. The  time-limit  laid  down  in  paragraph  1  of  this
Article  may  be  extended  by  the  President  on  a  reasoned
application  by  the  defendant.

6. An application submitted under Articles 181 and 182
of the EC Treaty, Articles 42 and 89 of the ECSC Treaty
and  Articles  153  and  154  of  the  EAEC  Treaty  shall  be
accompanied  by  a  copy  of  the  arbitration  clause
contained  in  the  contract  governed  by  private  or  public
law  entered  into  by  the  Communities  or  on  their  behalf,
or, as the case may be, by a copy of the special agreement
concluded  between  the  Member  States  concerned.

the
If  an  application  does  not  comply  with 
7.
requirements set out in paragraphs 3 to 6 of this Article,
the  Registrar  shall  prescribe  a  reasonable  period  within
which  the  applicant  is  to  comply  with  them  whether  by
putting  the  application  itself  in  order  or  by  producing
any  of  the  abovementioned  documents.  If  the  applicant
fails  to  put  the  application  in  order  or  to  produce  the
required documents within the time prescribed, the Court
shall, after hearing the Advocate-General, decide whether
the  non-compliance  with  these  conditions  renders  the
application formally inadmissible.

Article  39

The  application  shall  be  served  on  the  defendant.  In  a
case  where  Article  38(7)  applies,  service  shall  be  effected
as  soon  as  the  application  has  been  put  in  order  or  the
Court  has  declared  it  admissible  notwithstanding  the
failure to observe the formal requirements set out in that
Article.

Article  40

Article  41

1. The  application  initiating  the  proceedings  and  the
defence  may  be  supplemented  by  a  reply  from  the
applicant  and  by  a  rejoinder  from  the  defendant.

2. The  President  shall  fix  the  time-limits  within  which
these  pleadings  are  to  be  lodged.

Article  42

In  reply  or  rejoinder  a  party  may  offer  further
1.
evidence.  The  party  must,  however,  give  reasons  for  the
delay  in  offering  it.

2. 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.

If  in  the  course  of  the  procedure  one  of  the  parties  puts
forward  a  new  plea  in  law  which  is  so  based,  the
President  may,  even  after  the  expiry  of  the  normal
procedural  time-limits,  acting  on  a  report  of  the
Judge-Rapporteur 
the
Advocate-General,  allow  the  other  party  time  to  answer
on  that  plea.

hearing 

after 

and 

1. Within  one  month  after  service  on  him  of  the
application,  the  defendant  shall  lodge  a  defence,  stating:

The  decision  on  the  admissibility  of  the  plea  shall  be
reserved  for  the  final  judgment.

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Article  43

C h a p t e r   2

The Court may, at any time, after hearing the parties and
the  Advocate-General,  if  the  assignment  referred  to  in
Article  10(2)  has  taken  place,  order  that  two  or  more
cases  concerning  the  same  subject-matter  shall,  on
account  of  the  connection  between  them,  be  joined  for
the  purposes  of  the  written  or  oral  procedure  or  of  the
final judgment. The cases may subsequently be disjoined.
The  President  may  refer  these  matters  to  the  Court.

Article  44

1. After  the  rejoinder  provided  for  in  Article  41(1)  of
these Rules has been lodged, the President shall fix a date
on  which  the  Judge-Rapporteur 
is  to  present  his
preliminary report to the Court. The report shall contain
recommendations  as  to  whether  a  preparatory  inquiry  or
any  other  preparatory  step  should  be  undertaken  and
whether  the  case  should  be  referred  to  the  Chamber  to
which  it  has  been  assigned  under  Article  9(2).

The  Court 
Advocate-General,  what  action 
recommendations  of  the  Judge-Rapporteur.

after 
to 

decide, 

shall 

hearing 
take  upon 

the
the

The  same  procedure  shall  apply:

(a)  where  no  reply  or  no  rejoinder  has  been  lodged
within  the  time-limit  fixed  in  accordance  with  Article
41(2)  of  these  Rules;

PREPARATORY  INQUIRIES

Section  1  —  Measures  of  inquiry

Article  45

1. The  Court,  after  hearing  the  Advocate-General,  shall
prescribe  the  measures  of  inquiry  that  it  considers
appropriate by means of an order setting out the facts to
be  proved.  Before  the  Court  decides  on  the  measures  of
inquiry  referred  to  in  paragraph  2(c),  (d)  and  (e)  the
parties  shall  be  heard.

The  order  shall  be  served  on  the  parties.

2. Without  prejudice  to  Articles  21  and  22  of  the  EC
Statute,  Articles  24  and  25  of  the  ECSC  Statute  and
Articles  22  and  23  of  the  EAEC  Statute,  the  following
measures  of  inquiry  may  be  adopted:

(a)  the  personal  appearance  of  the  parties;

(b) a 

request 
documents;

for 

information  and  production  of

(c)  oral  testimony;

(d) the  commissioning  of  an  expert’s  report;

(b) where the party concerned waives his right to lodge a

reply  or  rejoinder.

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

2. Where  the  Court  orders  a  preparatory  inquiry  and
does  not  undertake  it  itself,  it  shall  assign  the  inquiry  to
the  Chamber.

3. The measures of inquiry which the Court has ordered
may  be  conducted  by  the  Court  itself,  or  be  assigned  to
the  Judge-Rapporteur.

Where  the  Court  decides  to  open  the  oral  procedure
without  an  inquiry,  the  President  shall  fix  the  opening
date.

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

Article  44a

Without  prejudice  to  any  special  provisions  laid  down  in
these  Rules,  and  except  in  the  specific  cases  in  which,
after the pleadings referred to in Article 40(1) and, as the
case  may  be,  in  Article  41(1)  have  been  lodged,  the
Court,  acting  on  a  report  from  the  Judge-Rapporteur,
after  hearing  the  Advocate-General  and  with  the  express
consent  of  the  parties,  decides  otherwise,  the  procedure
before  the  Court  shall  also  include  an  oral  part.

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

Article  46

1. A  Chamber  to  which  a  preparatory  inquiry  has  been
assigned  may  exercise  the  powers  vested  in  the  Court  by
Articles  45  and  47  to  53  of  these  Rules;  the  powers
vested  in  the  President  of  the  Court  may  be  exercised  by
the  President  of  the  Chamber.

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2. Articles  56  and  57  of  these  Rules  shall  apply  to
proceedings  before  the  Chamber.

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

Section  2  —  The  summoning  and  examination  of
witnesses  and  experts

Article  47

1. The  Court  may,  either  of  its  own  motion  or  on
application  by  a  party,  and  after  hearing 
the
Advocate-General,  order  that  certain  facts  be  proved  by
witnesses.  The  order  of  the  Court  shall  set  out  the  facts
to  be  established.

The  Court  may  summon  a  witness  of  its  own  motion  or
on  application  by  a  party  or  at  the  instance  of  the
Advocate-General.

4. 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  these  Rules.

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

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

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

5. After  giving  his  evidence,  the  witness  shall  take  the
following  oath:

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

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

An  application  by  a  party  for  the  examination  of  a
witness  shall  state  precisely  about  what  facts  and  for
what  reasons  the  witness  should  be  examined.

6. The  Registrar  shall  draw  up  minutes  in  which  the
evidence  of  each  witness  is  reproduced.

2. The  witness  shall  be  summoned  by  an  order  of  the
Court  containing  the  following  information:

(a)  the  surname,  forenames,  description  and  address  of

the  witness;

(b) an  indication  of  the  facts  about  which  the  witness  is

to  be  examined;

(c)  where  appropriate,  particulars  of  the  arrangements
made  by  the  Court  for  reimbursement  of  expenses
incurred  by  the  witness,  and  of  the  penalties  which
may  be  imposed  on  defaulting  witnesses.

responsible 

The  minutes  shall  be  signed  by  the  President  or  by  the
the
Judge-Rapporteur 
examination  of  the  witness,  and  by  the  Registrar.  Before
the  minutes  are  thus  signed,  witnesses  must  be  given  an
opportunity  to  check  the  content  of  the  minutes  and  to
sign  them.

conducting 

for 

The  minutes  shall  constitute  an  official  record.

Article  48

The  order  shall  be  served  on  the  parties  and  the
witnesses.

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

3. The Court may make the summoning of a witness for
whose examination  a  party  has  applied  conditional upon
the  deposit  with  the  cashier  of  the  Court  of  a  sum
sufficient to cover the taxed costs thereof; the Court shall
fix  the  amount  of  the  payment.

2.
If  a  witness  who  has  been  duly  summoned  fails  to
appear  before  the  Court,  the  Court  may  impose  upon
him  a  pecuniary  penalty  not  exceeding  ECU  5 000  and
may  order  that  a  further  summons  be  served  on  the
witness  at  his  own  expense.

The  cashier  shall  advance  the  funds  necessary 
connection  with 
summoned  by  the  Court  of  its  own  motion.

in
the  examination  of  any  witness

The  same  penalty  may  be  imposed  upon  a  witness  who,
without  good  reason,  refuses  to  give  evidence  or  to  take
the  oath  or  where  appropriate  to  make  a  solemn
affirmation  equivalent  thereto.

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3.
If the witness proffers a valid excuse to the Court, the
pecuniary penalty imposed on him may be cancelled. The
pecuniary penalty imposed may be reduced at the request
of 
is
disproportionate  to  his  income.

the  witness  where  he  establishes 

that 

it 

4. Penalties  imposed  and  other  measures  ordered  under
this  Article  shall  be  enforced  in  accordance  with  Articles
187 and 192 of the EC Treaty, Articles 44 and 92 of the
ECSC  Treaty  and  Articles  159  and  164  of  the  EAEC
Treaty.

Article  49

1. The  Court  may  order  that  an  expert’s  report  be
obtained. The order appointing the expert shall define his
task  and  set  a  time-limit  within  which  he  is  to  make  his
report.

2. The expert shall receive a copy of the order, together
with  all  the  documents  necessary  for  carrying  out  his
task.  He  shall  be  under 
the
Judge-Rapporteur,  who  may  be  present  during  his
investigation  and  who  shall  be  kept  informed  of  his
progress  in  carrying  out  his  task.

the  supervision  of 

The  Court  may  request  the  parties  or  one  of  them  to
lodge  security  for  the  costs  of  the  expert’s  report.

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

6. After  making  his  report,  the  expert  shall  take  the
following  oath  before  the  Court:

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

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

Article  50

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

2. An  objection  to  a  witness  or  to  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  51

experts 

1. Witnesses  and 
to
reimbursement  of  their  travel  and  subsistence  expenses.
The  cashier  of  the  Court  may  make  a  payment  to  them
towards  these  expenses  in  advance.

shall  be 

entitled 

3. At the request of the expert, the Court may order the
examination  of  witnesses.  Their  examination  shall  be
carried  out  in  accordance  with  Article  47  of  these
Rules.

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

4. The expert may give his opinion only on points which
have  been  expressly  referred  to  him.

Article  52

5. After  the  expert  has  made  his  report,  the  Court  may
order that he be examined, the parties having been given
notice  to  attend.

The  Court  may,  on  application  by  a  party  or  of  its  own
motion,  issue  letters  rogatory  for  the  examination  of
witnesses  or 
the
experts,  as  provided 
supplementary  rules  mentioned  in  Article  125  of  these
Rules.

for 

in 

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Article  53

Article  56

1. The Registrar shall draw up minutes of every hearing.
The  minutes  shall  be  signed  by  the  President  and  by  the
Registrar  and  shall  constitute  an  official  record.

1. The  proceedings  shall  be  opened  and  directed  by  the
President,  who  shall  be  responsible  for  the  proper
conduct  of  the  hearing.

2. The parties may inspect the minutes and any expert’s
report  at  the  Registry  and  obtain  copies  at  their  own
expense.

2. The  oral  proceedings  in  cases  heard  in  camera  shall
not  be  published.

Section  3  —  Closure  of  the  preparatory  inquiry

Article  57

Article  54

Unless  the  Court  prescribes  a  period  within  which  the
parties  may  lodge  written  observations,  the  President
shall  fix  the  date  for  the  opening  of  the  oral  procedure
after  the  preparatory  inquiry  has  been  completed.

Where  a  period  had  been  prescribed  for  the  lodging  of
written  observations,  the  President  shall  fix  the  date  for
the  opening  of  the  oral  procedure  after  that  period  has
expired.

C h a p t e r   3

ORAL  PROCEDURE

Article  55

1. Subject  to  the  priority  of  decisions  provided  for  in
Article  85  of  these  Rules,  the  Court  shall  deal  with  the
cases  before  it  in  the  order  in  which  the  preparatory
inquiries  in  them  have  been  completed.  Where  the
preparatory  inquiries  in  several  cases  are  completed
simultaneously,  the  order  in  which  they  are  to  be  dealt
with  shall  be  determined  by  the  dates  of  entry  in  the
register  of  the  applications  initiating  them  respectively.

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

The President may in special circumstances, after hearing
the  parties  and  the  Advocate-General,  either  on  his  own
initiative  or  at  the  request  of  one  of  the  parties,  defer  a
case  to  be  dealt  with  at  a  later  date.  On  a  joint
application  by  the  parties  the  President  may  order  that  a
case  be  deferred.

The  President  may  in  the  course  of  the  hearing  put
questions  to  the  agents,  advisers  or  lawyers  of  the
parties.

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

Article  58

A  party  may  address  the  Court  only  through  his  agent,
adviser  or  lawyer.

Article  59

1. The Advocate-General shall deliver his opinion orally
at  the  end  of  the  oral  procedure.

2. After the Advocate-General has delivered his opinion,
the  President  shall  declare  the  oral  procedure  closed.

Article  60

The  Court  may  at  any  time,  in  accordance  with  Article
45(1),  after  hearing  the  Advocate-General,  order  any
measure of inquiry to be taken or that a previous inquiry
be  repeated  or  expanded.  The  Court  may  direct  the
Chamber  or  the  Judge-Rapporteur  to  carry  out  the
measures  so  ordered.

Article  61

The Court may after hearing the Advocate-General order
the  reopening  of  the  oral  procedure.

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Article  62

3. The  Registrar  shall  record  on  the  original  of  the
judgment  the  date  on  which  it  was  delivered.

1. The Registrar shall draw up minutes of every hearing.
The  minutes  shall  be  signed  by  the  President  and  by  the
Registrar  and  shall  constitute  an  official  record.

Article  65

2. The  parties  may  inspect  the  minutes  at  the  Registry
and  obtain  copies  at  their  own  expense.

The  judgment  shall  be  binding  from  the  date  of  its
delivery.

C h a p t e r   4

JUDGMENTS

Article  63

The  judgment  shall  contain:

—  a  statement  that  it  is  the  judgment  of  the  Court,

—  the  date  of  its  delivery,

Article  66

1. Without  prejudice  to  the  provisions  relating  to  the
interpretation  of  judgments  the  Court  may,  of  its  own
motion  or  on  application  by  a  party  made  within  two
weeks  after  the  delivery  of  a  judgment,  rectify  clerical
mistakes,  errors  in  calculation  and  obvious  slips  in  it.

2. The  parties,  whom  the  Registrar  shall  duly  notify,
may 
lodge  written  observations  within  a  period
prescribed  by  the  President.

—  the  names  of  the  President  and  of  the  Judges  taking

part  in  it,

3. The  Court  shall  take  its  decision  in  closed  session
after  hearing  the  Advocate-General.

—  the  name  of  the  Advocate-General,

—  the  name  of  the  Registrar,

—  the  description  of  the  parties,

—  the  names  of  the  agents,  advisers  and  lawyers  of  the

parties,

4. The  original  of  the  rectification  order  shall  be
annexed  to  the  original  of  the  rectified  judgment.  A  note
of  this  order  shall  be  made  in  the  margin  of  the  original
of  the  rectified  judgment.

—  a  statement  of  the  forms  of  order  sought  by  the

Article  67

parties,

—  a  statement  that  the  Advocate-General  has  been

heard,

—  a  summary  of  the  facts,

—  the  grounds  for  the  decision,

If  the  Court  should  omit  to  give  a  decision  on  a  specific
head of claim or on costs, any party may within a month
after  service  of  the  judgment  apply  to  the  Court  to
supplement  its  judgment.

—  the  operative  part  of  the  judgment,  including  the

decision  as  to  costs.

The application shall be served on the opposite party and
the  President  shall  prescribe  a  period  within  which  that
party  may  lodge  written  observations.

Article  64

1. The  judgment  shall  be  delivered  in  open  court;  the
parties  shall  be  given  notice  to  attend  to  hear  it.

2. The original of the judgment, signed by the President,
by  the  Judges  who  took  part  in  the  deliberations  and  by
the  Registrar,  shall  be  sealed  and  deposited  at  the
Registry;  the  parties  shall  be  served  with  certified  copies
of  the  judgment.

After  these  observations  have  been  lodged,  the  Court
shall, after hearing the Advocate-General, decide both on
the  admissibility  and  on 
the
application.

substance  of 

the 

Article  68

The Registrar shall arrange for the publication of reports
of  cases  before  the  Court.

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C h a p t e r   5

COSTS

Article  69

1. A  decision  as  to  costs  shall  be  given  in  the  final
judgment  or  in  the  order  which  closes  the  proceedings.

If  costs  are  not  claimed,  the  parties  shall  bear  their  own
costs.

6. Where a case does not proceed to judgment the costs
shall  be  in  the  discretion  of  the  Court.

Article  70

Without  prejudice  to  the  second  subparagraph  of  Article
69(3)  of  these  Rules, 
in  proceedings  between  the
Communities and their servants the institutions shall bear
their  own  costs.

2. The  unsuccessful  party  shall  be  ordered  to  pay  the
costs  if  they  have  been  applied  for  in  the  successful
party’s pleadings.

Article  71

Where  there  are  several  unsuccessful  parties  the  Court
shall  decide  how  the  costs  are  to  be  shared.

Costs  necessarily  incurred  by  a  party  in  enforcing  a
judgment  or  order  of  the  Court  shall  be  refunded  by  the
opposite party on the scale in force in the State where the
enforcement  takes  place.

3. Where  each  party  succeeds  on  some  and  fails  on
other  heads,  or  where  the  circumstances  are  exceptional,
the  Court  may  order  that  the  costs  be  shared  or  that  the
parties  bear  their  own  costs.

The  Court  may  order  a  party,  even  if  successful,  to  pay
costs  which  the  Court  considers  that  party  to  have
unreasonably or vexatiously caused the opposite party to
incur.

4. The  Member  States  and  institutions  which  intervene
in  the  proceedings  shall  bear  their  own  costs.

The  States,  other  than  the  Member  States,  which  are
parties  to  the  EEA  Agreement,  and  also  the  EFTA
Surveillance  Authority,  shall  bear  their  own  costs  if  they
intervene  in  the  proceedings.

The  Court  may  order  an  intervener  other  than  those
mentioned  in  the  preceding  subparagraphs  to  bear  his
own  costs.

5. A  party  who  discontinues  or  withdraws 
from
proceedings shall be ordered to pay the costs if they have
been  applied  for  in  the  other  party’s  observations  on  the
discontinuance.  However,  upon  application  by  the  party
who  discontinues  or  withdraws  from  proceedings,  the
costs  shall  be  borne  by  the  other  party  if  this  appears
justified  by  the  conduct  of  that  party.

Where  the  parties  have  come  to  an  agreement  on  costs,
the  decision  as  to  costs  shall  be  in  accordance  with  that
agreement.

Article  72

Proceedings  before  the  Court  shall  be  free  of  charge,
except  that:

(a)  where  a  party  has  caused  the  Court  to 

incur
avoidable  costs  the  Court  may,  after  hearing  the
Advocate-General,  order  that  party  to  refund  them;

(b) where  copying  or  translation  work  is  carried  out  at
the  request  of  a  party,  the  cost  shall,  in  so  far  as  the
Registrar  considers  it  excessive,  be  paid  for  by  that
party  on  the  scale  of  charges  referred  to  in  Article
16(5)  of  these  Rules.

Article  73

Without  prejudice  to  the  preceding  Article,  the  following
shall  be  regarded  as  recoverable  costs:

(a)  sums  payable  to  witnesses  and  experts  under  Article

51  of  these  Rules;

(b) expenses  necessarily  incurred  by  the  parties  for  the
purpose  of  the  proceedings,  in  particular  the  travel
and  subsistence  expenses  and  the  remuneration  of
agents,  advisers  or  lawyers.

Article  74

1.
If  there  is  a  dispute  concerning  the  costs  to  be
recovered,  the  Chamber  to  which  the  case  has  been
assigned shall, on application by the party concerned and
after 
the
Advocate-General, make an order, from which no appeal
shall lie.

opposite 

hearing 

party 

and 

the 

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2. The  parties  may,  for  the  purposes  of  enforcement,
apply  for  an  authenticated  copy  of  the  order.

Article  75

1. Sums due from the cashier of the Court shall be paid
in  the  currency  of  the  country  where  the  Court  has  its
seat.

At  the  request  of  the  person  entitled  to  any  sum,  it  shall
be paid in the currency of the country where the expenses
to  be  refunded  were  incurred  or  where  the  steps  in
respect  of  which  payment  is  due  were  taken.

2. Other  debtors  shall  make  payment  in  the  currency  of
their  country  of  origin.

3. The  President  shall  designate  a  Judge  to  act  as
Rapporteur.  The  Chamber  to  which  the  latter  belongs
shall,  after  considering  the  written  observations  of  the
opposite  party  and  after  hearing  the  Advocate-General,
decide  whether  legal  aid  should  be  granted  in  full  or  in
part, or whether it should be refused. The Chamber shall
consider  whether  there  is  manifestly  no  cause  of  action.

The  Chamber  shall  make  an  order  without  giving
reasons,  and  no  appeal  shall  lie  therefrom.

4. The  Chamber  may  at  any  time,  either  of  its  own
motion  or  on  application,  withdraw  legal  aid  if  the
circumstances  which  led  to  its  being  granted  alter  during
the  proceedings.

5. Where  legal  aid  is  granted,  the  cashier  of  the  Court
shall  advance  the  funds  necessary  to  meet  the  expenses.

In  its  decision  as  to  costs  the  Court  may  order  the
payment  to  the  cashier  of  the  Court  of  the  whole  or  any
part  of  amounts  advanced  as  legal  aid.

3. Conversions  of  currency  shall  be  made  at  the  official
rates  of  exchange  ruling  on  the  day  of  payment  in  the
country  where  the  Court  has  its  seat.

The  Registrar  shall  take  steps  to  obtain  the  recovery  of
these  sums  from  the  party  ordered  to  pay  them.

C h a p t e r   6

LEGAL  AID

Article  76

1. A  party  who  is  wholly  or  in  part  unable  to  meet  the
costs  of  the  proceedings  may  at  any  time  apply  for  legal
aid.

The  application  shall  be  accompanied  by  evidence  of  the
applicant’s  need  of  assistance,  and  in  particular  by  a
document  from  the  competent  authority  certifying  his
lack  of  means.

2.
If  the  application  is  made  prior  to  proceedings  which
the  applicant  wishes  to  commence,  it  shall  briefly  state
the  subject  of  such  proceedings.

The  application  need  not  be  made  through  a  lawyer.

C h a p t e r   7

DISCONTINUANCE

Article  77

If,  before  the  Court  has  given  its  decision,  the  parties
reach  a  settlement  of  their  dispute  and  intimate  to  the
Court  the  abandonment  of  their  claims,  the  President
shall  order  the  case  to  be  removed  from  the  register  and
shall give a decision as to costs in accordance with Article
69(5),  having  regard  to  any  proposals  made  by  the
parties  on  the  matter.

This  provision  shall  not  apply  to  proceedings  under
Articles  173  and  175  of  the  EC  Treaty,  Articles  33  and
35  of  the  ECSC  Treaty  and  Articles  146  and  148  of  the
EAEC Treaty.

Article  78

If  the  applicant  informs  the  Court  in  writing  that  he
wishes to discontinue the proceedings, the President shall
order  the  case  to  be  removed  from  the  register  and  shall
give  a  decision  as  to  costs  in  accordance  with  Article
69(5).

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C h a p t e r   8

SERVICE

Article  79

Where  these  Rules  require  that  a  document  be  served  on
a person, the Registrar shall ensure that service is effected
at that person’s address for service either by the dispatch
of a copy of the document by registered post with a form
for  acknowledgement  of  receipt  or  by  personal  delivery
of  the  copy  against  a  receipt.

The  Registrar  shall  prepare  and  certify  the  copies  of
the  parties
to  be  served,  save  where 
documents 
themselves  supply  the  copies  in  accordance  with  Article
37(1)  of  these  Rules.

C h a p t e r   9

TIME-LIMITS

Article  80

1. Any  period  of  time  prescribed  by  the  EC,  ECSC  and
EAEC  Treaties,  the  Statutes  of  the  Court  or  these  Rules
for the taking of any procedural step shall be reckoned as
follows:

(a)  where  a  period  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 period
in  question;

(b) a period expressed in weeks, months or in 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  period  is  to  be
calculated  occurred  or  took  place.  If,  in  a  period
expressed  in  months  or  in  years,  the  day  on  which  it
should  expire  does  not  occur  in  the  last  month,  the
period  shall  end  with  the  expiry  of  the  last  day  of
that  month;

(c)  where  a  period  is  expressed  in  months  and  days,  it
shall  first  be  reckoned  in  whole  months,  then  in
days;

(d) periods  shall  include  official  holidays,  Sundays  and

Saturdays;

(e)  periods  shall  not  be  suspended  during  the  judicial

vacations.

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

A list of official holidays drawn up by the Court shall
be  published  in  the  Official  Journal  of  the  European
Communities.

Article  81

1. Where  the  period  of  time  allowed  for  initiating
proceedings  against  a  measure  adopted  by  an  institution
runs  from  the  publication  of  that  measure,  that  period
shall  be  calculated,  for  the  purposes  of  Article  80(1)(a),
from the end of the 14th day after publication thereof in
the  Official  Journal  of  the  European  Communities.

2. The  extensions,  on  account  of  distance,  of  prescribed
time-limits  shall  be  provided  for  in  a  decision  of  the
Court which shall be published in the Official Journal of
the  European  Communities.

Article  82

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

The  President  and  the  Presidents  of  Chambers  may
delegate  to  the  Registrar  power  of  signature  for  the
purpose  of  fixing  time-limits  which,  pursuant  to  these
Rules,  it  falls  to  them  to  prescribe  or  of  extending  such
time-limits.

C h a p t e r   1 0

STAY  OF  PROCEEDINGS

Article  82a

1. The  proceedings  may  be  stayed:

(a)  in  the  circumstances  specified  in  the  third  paragraph
of Article 47 of the EC Statute, the third paragraph of
Article  47  of  the  ECSC  Statute  and  the  third
paragraph  of  Article  48  of  the  EAEC  Statute,  by
order  of  the  Court  or  of  the  Chamber  to  which  the
case  has  been  assigned,  made  after  hearing  the
Advocate-General;

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(b) in all other cases, by decision of the President adopted
after  hearing  the  Advocate-General  and,  save  in  the
case  of  references  for  a  preliminary  ruling  as  referred
to  in  Article  103,  the  parties.

absence  of  such  indication,  on  the  date  of  that  order  or
decision.

The  proceedings  may  be  resumed  by  order  or  decision,
following  the  same  procedure.

The orders or decisions referred to in this paragraph shall
be  served  on  the  parties.

While  proceedings  are  stayed  time  shall  cease  to  run  for
the  purposes  of  prescribed  time-limits  for  all  parties.

3. Where  the  order  or  decision  of  stay  does  not  fix  the
length  of  stay,  it  shall  end  on  the  date  indicated  in  the
order  or  decision  of  resumption  or,  in  the  absence  of
such  indication,  on  the  date  of  the  order  or  decision  of
resumption.

2. The  stay  of  proceedings  shall  take  effect  on  the  date
indicated  in  the  order  or  decision  of  stay  or,  in  the

From  the  date  of  resumption  time  shall  begin  to  run
afresh  for  the  purposes  of  the  time-limits.

TITLE  III

SPECIAL  FORMS  OF  PROCEDURE

C h a p t e r   1

Article  84

SUSPENSION  OF  OPERATION  OR  ENFORCEMENT  AND
OTHER  INTERIM  MEASURES

Article  83

1. An  application  to  suspend  the  operation  of  any
measure  adopted  by  an  institution,  made  pursuant  to
Article  185  of  the  EC  Treaty,  the  second  paragraph  of
Article  39  of  the  ECSC  Treaty  and  Article  157  of  the
EAEC  Treaty,  shall  be  admissible  only  if  the  applicant  is
challenging  that  measure 
in  proceedings  before  the
Court.

An  application  for  the  adoption  of  any  other  interim
measure  referred  to  in  Article  186  of  the  EC  Treaty  the
third  paragraph  of  Article  39  of  the  ECSC  Treaty  and
Article 158 of the EAEC Treaty, shall be admissible only
if  it  is  made  by  a  party  to  a  case  before  the  Court  and
relates  to  that  case.

2. An application of a kind referred to in paragraph 1 of
this  Article  shall  state 
the
proceedings, the circumstances giving rise to urgency and
the  pleas  of  fact  and  law  establishing  a  prima  facie  case
for  the  interim  measures  applied  for.

the  subject-matter  of 

1. The application shall be served on the opposite party,
and  the  President  shall  prescribe  a  short  period  within
which 
submit  written  or  oral
observations.

that  party  may 

2. The  President  may  order  a  preparatory  inquiry.

The  President  may  grant  the  application  even  before  the
observations  of  the  opposite  party  have  been  submitted.
This  decision  may  be  varied  or  cancelled  even  without
any  application  being  made  by  any  party.

Article  85

The  President  shall  either  decide  on  the  application
himself  or  refer  it  to  the  Court.

If  the  President  is  absent  or  prevented  from  attending,
Article  11  of  these  Rules  shall  apply.

3. The  application  shall  be  made  by  a  separate
document  and  in  accordance  with  the  provisions  of
Articles  37  and  38  of  these  Rules.

Where  the  application  is  referred  to  it,  the  Court  shall
postpone  all  other  cases,  and  shall  give  a  decision  after
hearing  the  Advocate-General.  Article  84  shall  apply.

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Article  86

(a)  the  names  and  addresses  of 
undertakings  to  be  inspected;

the  persons  or

1. The decision on the application shall take the form of
a  reasoned  order,  from  which  no  appeal  shall  lie.  The
order  shall  be  served  on  the  parties  forthwith.

(b) an  indication  of  what  is  to  be  inspected  and  of  the

purpose  of  the  inspection.

2. The  enforcement  of 
the  order  may  be  made
conditional on the lodging by the applicant of security, of
an  amount  and  nature  to  be  fixed  in  the  light  of  the
circumstances.

3. Unless  the  order  fixes  the  date  on  which  the  interim
measure  is  to  lapse,  the  measure  shall  lapse  when  final
judgment  is  delivered.

4. The order shall have only an interim effect, and shall
be  without  prejudice  to  the  decision  of  the  Court  on  the
substance  of  the  case.

Article  87

On application by  a  party,  the  order  may  at  any time be
varied  or  cancelled  on  account  of  a  change 
in
circumstances.

2. The President shall give his decision in the form of an
order.  Article  86  of  these  Rules  shall  apply.

If  the  President  is  absent  or  prevented  from  attending,
Article  11  of  these  Rules  shall  apply.

C h a p t e r   2

PRELIMINARY  ISSUES

Article  91

Article  88

1. A  party  applying  to  the  Court  for  a  decision  on  a
preliminary objection or other preliminary plea not going
to the substance of the case shall make the application by
a  separate  document.

Rejection  of  an  application  for  an  interim  measure  shall
not  bar  the  party  who  made  it  from  making  a  further
application  on  the  basis  of  new  facts.

Article  89

The provisions of this Chapter shall apply to applications
to suspend the enforcement of a decision of the Court or
of any measure adopted by another institution, submitted
pursuant  to  Articles  187  and  192  of  the  EC  Treaty,
Articles  44  and  92  of  the  ECSC  Treaty  and  Articles  159
and  164  of  the  EAEC  Treaty.

The  order  granting  the  application  shall  fix,  where
appropriate,  a  date  on  which  the  interim  measure  is  to
lapse.

Article  90

The  application  must  state  the  pleas  of  fact  and  law
relied  on  and  the  form  of  order  sought  by  the  applicant;
any  supporting  documents  must  be  annexed  to  it.

2. As  soon  as  the  application  has  been  lodged,  the
President  shall  prescribe  a  period  within  which  the
opposite  party  may  lodge  a  document  containing  a
statement  of  the  form  of  order  sought  by  that  party  and
its  pleas  in  law.

3. Unless  the  Court  decides  otherwise,  the  remainder  of
the  proceedings  shall  be  oral.

4. The  Court  shall,  after  hearing  the  Advocate-General,
decide  on  the  application  or  reserve  its  decision  for  the
final judgment.

1. An  application  of  a  kind  referred  to  in  the  third  and
fourth paragraphs of Article 81 of the EAEC Treaty shall
contain:

If  the  Court  refuses  the  application  or  reserves  its
decision,  the  President  shall  prescribe  new  time-limits  for
the  further  steps  in  the  proceedings.

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Article  92

1. Where it is clear that the Court has no jurisdiction to
take  cognisance  of  an  action  or  where  the  action  is
manifestly  inadmissible,  the  Court  may,  by  reasoned
order,  after  hearing  the  Advocate-General  and  without
taking further steps in the proceedings, give a decision on
the  action.

2. The  Court  may  at  any  time  of  its  own  motion
consider  whether  there  exists  any  absolute  bar  to
proceeding  with  a  case  or  declare,  after  hearing  the
parties,  that  the  action  has  become  devoid  of  purpose
and that there is no need to adjudicate on it; it shall give
its  decision  in  accordance  with  Article  91(3)  and  (4)  of
these  Rules.

C h a p t e r   3

INTERVENTION

Article  93

1. An  application  to  intervene  must  be  made  within
three  months  of  the  publication  of  the  notice  referred  to
in  Article  16(6)  of  these  Rules.

The  application  shall  contain:

(a)  the  description  of  the  case;

(b) the  description  of  the  parties;

(c)  the  name  and  address  of  the  intervener;

(d) the intervener’s address for service at the place where

the  Court  has  its  seat;

(e)  the  form  of  order  sought,  by  one  or  more  of  the
parties, in support of which the intervener is applying
for  leave  to  intervene;

(f)  a statement of the circumstances establishing the right
to  intervene,  where  the  application  is  submitted
pursuant  to  the  second  or  third  paragraph  of  Article
37  of  the  EC  Statute,  Article  34  of  the  ECSC  Statute
or  the  second  paragraph  of  Article  38  of  the  EAEC
Statute.

The  intervener  shall  be  represented  in  accordance  with
Article  17  of  the  EC  Statute,  Article  20  of  the  ECSC
Statute  and  Article  17  of  the  EAEC  Statute.

The  President  shall  give  the  parties  an  opportunity  to
submit  their  written  or  oral  observations  before  deciding
on  the  application.

The President shall decide on the application by order or
shall  refer  the  application  to  the  Court.

If the President allows the intervention, the intervener
3.
shall  receive  a  copy  of  every  document  served  on  the
parties.  The  President  may,  however,  on  application  by
one  of 
secret  or  confidential
documents.

the  parties,  omit 

4. The  intervener  must  accept  the  case  as  he  finds  it  at
the  time  of  his  intervention.

5. The  President  shall  prescribe  a  period  within  which
the  intervener  may  submit  a  statement  in  intervention.

The  statement  in  intervention  shall  contain:

(a)  a  statement  of  the  form  of  order  sought  by  the
intervener  in  support  of  or  opposing,  in  whole  or  in
part,  the  form  of  order  sought  by  one  of  the  parties;

(b) the  pleas  in  law  and  arguments  relied  on  by  the

intervener;

(c)  where  appropriate,  the  nature  of  any  evidence

offered.

6. After  the  statement  in  intervention  has  been  lodged,
the  President 
shall,  where  necessary,  prescribe  a
time-limit  within  which  the  parties  may  reply  to  that
statement.

C h a p t e r   4

JUDGMENTS  BY  DEFAULT  AND  APPLICATIONS  TO  SET
THEM  ASIDE

Article  94

1.
If  a  defendant  on  whom  an  application  initiating
proceedings has been duly served fails to lodge a defence
to  the  application  in  the  proper  form  within  the  time
prescribed,  the  applicant  may  apply  for  judgment  by
default.

Articles  37  and  38  of  these  Rules  shall  apply.

2. The  application  shall  be  served  on  the  parties.

The  application  shall  be  served  on  the  defendant.  The
Court  may  decide  to  open  the  oral  procedure  on  the
application.

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2. Before  giving  judgment  by  default  the  Court  shall,
after hearing the Advocate-General, consider whether the
application  initiating  proceedings  is  admissible,  whether
the appropriate formalities have been complied with, and
whether the application appears well founded. The Court
may  order  a  preparatory  inquiry.

3. A  judgment  by  default  shall  be  enforceable.  The
Court  may,  however,  grant  a  stay  of  execution  until  the
Court  has  given  its  decision  on  any  application  under
paragraph  4  to  set  aside  the  judgment,  or  it  may  make
execution  subject  to  the  provision  of  security  of  an
amount  and  nature  to  be  fixed  in  the  light  of  the
circumstances;  this  security  shall  be  released  if  no  such
application  is  made  or  if  the  application  fails.

4. Application  may  be  made  to  set  aside  a  judgment  by
default.

The  application  to  set  aside  the  judgment  must  be  made
within  one  month  from  the  date  of  service  of  the
judgment  and  must  be  lodged  in  the  form  prescribed  by
Articles  37  and  38  of  these  Rules.

5. After  the  application  has  been  served,  the  President
shall prescribe a period within which the other party may
submit  his  written  observations.

The  proceedings  shall  be  conducted  in  accordance  with
Article  44  et  seq.  of  these  Rules.

6. The  Court  shall  decide  by  way  of  a  judgment  which
may  not  be  set  aside.  The  original  of  this  judgment  shall
be annexed to the original of the judgment by default. A
note of the judgment on the application to set aside shall
be made in the margin of the original of the judgment by
default.

case or particular cicumstances are not such as to require
that  the  Court  decide  it  in  plenary  session.

2. The decision so to assign a case shall be taken by the
Court  at  the  end  of  the  written  procedure  upon
consideration  of  the  preliminary  report  presented  by  the
Judge-Rapporteur  and  after  the  Advocate-General  has
been  heard.

However,  a  case  may  not  be  so  assigned  if  a  Member
State or an institution of the Communities, being a party
to the proceedings, has requested that the case be decided
in  plenary  session.  In  this  subparagraph  the  expression
‘party  to  the  proceedings’  means  any  Member  State  or
any institution which is a party to or an intervener in the
proceedings  or  which  has  submitted  written  observations
in  any  reference  of  a  kind  mentioned  in  Article  103  of
these  Rules.

The  request  referred  to  in  the  preceding  subparagraph
may  not  be  made 
the
Communities  and  their  servants.

in  proceedings  between 

3. A Chamber may at any stage refer a case back to the
Court.

Article  96

(repealed)

C h a p t e r   6

EXCEPTIONAL  REVIEW  PROCEDURES

Section  1  —  Third-party  proceedings

Article  97

C h a p t e r   5

CASES  ASSIGNED  TO  CHAMBERS

Article  95

1. Articles  37  and  38  of  these  Rules  shall  apply  to  an
application  initiating  third-party  proceedings.  In  addition
such  an  application  shall:

(a)  specify  the  judgment  contested;

(b) state how that judgment is prejudicial to the rights of

the  third  party;

1. The Court may assign any case brought before it to a
Chamber  in  so  far  as  the  difficulty  or  importance  of  the

(c)  indicate  the  reasons  for  which  the  third  party  was

unable  to  take  part  in  the  original  case.

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The  application  must  be  made  against  all  the  parties  to
the  original  case.

2. The  application  must  be  made  against  all  parties
to  the  case  in  which  the  contested  judgment  was
given.

Where  the  judgment  has  been  published  in  the  Official
Journal  of  the  European  Communities,  the  application
must  be  lodged  within  two  months  of  the  publication.

2. The  Court  may,  on  application  by  the  third  party,
order a stay of execution of the judgment. The provisions
of  Title  III,  Chapter  I,  of  these  Rules  shall  apply.

3. The  contested  judgment  shall  be  varied  on  the  points
on  which  the  submissions  of  the  third  party  are  upheld.

the 

judgment 

The  original  of 
third-party
proceedings  shall  be  annexed  to  the  original  of  the
contested  judgment.  A  note  of  the  judgment  in  the
third-party  proceedings  shall  be  made  in  the  margin  of
the  original  of  the  contested  judgment.

the 

in 

Article  100

1. Without  prejudice  to  its  decision  on  the  substance,
the  Court,  in  closed  session,  shall,  after  hearing  the
Advocate-General  and  having  regard  to  the  written
observations  of  the  parties,  give  in  the  form  of  a
judgment 
its  decision  on  the  admissibility  of  the
application.

2.
If  the  Court  finds  the  application  admissible,  it  shall
proceed  to  consider  the  substance  of  the  application  and
shall  give  its  decision  in  the  form  of  a  judgment  in
accordance  with  these  Rules.

3. The  original  of  the  revising 
judgment  shall  be
annexed  to  the  original  of  the  judgment  revised.  A  note
of  the  revising  judgment  shall  be  made  in  the  margin  of
the  original  of  the  judgment  revised.

Section  2  —  Revision

Article  98

C h a p t e r   7

An  application  for  revision  of  a  judgment  shall  be  made
within  three  months  of  the  date  on  which  the  facts  on
which  the  application  is  based  came  to  the  applicant’s
knowledge.

APPEALS  AGAINST  DECISIONS  OF  THE  ARBITRATION
COMMITTEE

Article  101

Article  99

1. An  application  initiating  an  appeal  under  the  second
paragraph  of  Article  18  of  the  EAEC  Treaty  shall  state:

1. Articles  37  and  38  of  these  Rules  shall  apply  to  an
application  for  revision.  In  addition  such  an  application
shall:

(a)  specify  the  judgment  contested;

(a)  the  name  and  address  of  the  applicant;

(b) the  description  of  the  signatory;

(b) indicate  the  points  on  which  the 

judgment 

is

contested;

(c)  a  reference  to  the  arbitration  committee’s  decision

against  which  the  appeal  is  made;

(c)  set  out  the  facts  on  which  the  application  is  based;

(d) the  description  of  the  parties;

(d) indicate the nature of the evidence to show that there
are  facts  justifying  revision  of  the  judgment,  and  that
the  time-limit  laid  down  in  Article  98  has  been
observed.

(e)  a  summary  of  the  facts;

(f)  the  pleas  in  law  of  and  the  form  of  order  sought  by

the  applicant.

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2. Articles  37(3)  and  (4)  and  38(2),  (3)  and  (5)  of  these
Rules  shall  apply.

C h a p t e r   9

PRELIMINARY  RULINGS  AND  OTHER  REFERENCES  FOR
INTERPRETATION

A  certified  copy  of  the  contested  decision  shall  be
annexed  to  the  application.

3. As  soon  as  the  application  has  been  lodged,  the
Registrar  of  the  Court  shall  request  the  arbitration
committee registry to transmit to the Court the papers in
the  case.

4. Articles  39,  40  and  55  et  seq.  of  these  Rules  shall
apply  to  these  proceedings.

5. The  Court  shall  give  its  decision  in  the  form  of  a
judgment.  Where  the  Court  sets  aside  the  decision  of  the
arbitration  committee  it  may  refer  the  case  back  to  the
committee.

C h a p t e r   8

INTERPRETATION  OF  JUDGMENTS

Article  102

Article  103

1.
In cases governed by Article 20 of the EC Statute and
Article  21  of  the  EAEC  Statute,  the  procedure  shall  be
governed  by  the  provisions  of  these  Rules,  subject  to
adaptations necessitated by the nature of the reference for
a preliminary ruling.

2. The  provisions  of  paragraph  1  shall  apply  to  the
references  for  a  preliminary  ruling  provided  for  in  the
Protocol  concerning  the  interpretation  by  the  Court  of
Justice  of  the  Convention  of  29  February  1968  on  the
mutual  recognition  of  companies  and  legal  persons  and
the  Protocol  concerning  the  interpretation  by  the  Court
of  Justice  of  the  Convention  of  27  September  1968  on
jurisdiction and the enforcement of judgments in civil and
commercial  matters,  signed  at  Luxembourg  on  3  June
1971,  and  to  the  references  provided  for  by  Article  4  of
the  latter  Protocol.

The  provisions  of  paragraph  1  shall  apply  also  to
references  for 
interpretation  provided  for  by  other
existing  or  future  agreements.

1. An  application  for  interpretation  of  a  judgment  shall
be  made  in  accordance  with  Articles  37  and  38  of  these
Rules.  In  addition  it  shall  specify:

3.
In  cases  provided  for  in  Article  41  of  the  ECSC
Treaty,  the  text  of  the  decision  to  refer  the  matter  shall
be  served  on  the  parties  in  the  case,  the  Member  States,
the  Commission  and  the  Council.

(a)  the  judgment  in  question;

(b) the  passages  of  which  interpretation  is  sought.

These  parties,  States  and  institutions  may,  within  two
months  from  the  date  of  such  service,  lodge  written
statements  of  case  or  written  observations.

The  application  must  be  made  against  all  the  parties  to
the  case  in  which  the  judgment  was  given.

The  provisions  of  paragraph  1  shall  apply.

2. The  Court  shall  give  its  decision  in  the  form  of  a
judgment after having given the parties an opportunity to
submit 
the
Advocate-General.

their  observations  and  after  hearing 

Article  104

The  original  of  the 
judgment  shall  be
annexed  to  the  original  of  the  judgment  interpreted.  A
note  of  the  interpreting  judgment  shall  be  made  in  the
margin  of  the  original  of  the  judgment  interpreted.

interpreting 

1. The  decisions  of  national  courts  or  tribunals  referred
to  in  Article  103  shall  be  communicated  to  the  Member
States 
the  original  version,  accompanied  by  a
translation into the official language of the State to which
they  are  addressed.

in 

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In the cases governed by Article 20 of the EC Statute, the
decisions  of  national  courts  or  tribunals  shall  be  notified
to  the  States,  other  than  the  Member  States,  which  are
parties  to  the  EEA  Agreement,  and  also  to  the  EFTA
version,
in 
Surveillance  Authority, 
accompanied  by  a  translation  into  one  of  the  languages
mentioned in Article 29(1), to be chosen by the addressee
of  the  notification.

the  original 

2. As  regards  the  representation  and  attendance  of  the
parties  to  the  main  proceedings  in  the  preliminary  ruling
procedure  the  Court  shall  take  account  of  the  rules  of
procedure  of  the  national  court  or  tribunal  which  made
the  reference.

C h a p t e r   1 0

SPECIAL  PROCEDURES  UNDER  ARTICLES  103  TO  105
OF  THE  EAEC  TREATY

Article  105

1. Four certified copies shall be lodged of an application
under  the  third  paragraph  of  Article  103  of  the  EAEC
Treaty.  The  Commission  shall  be  served  with  a  copy.

2. The  application  shall  be  accompanied  by  the  draft  of
the
the  agreement  or  contract 
observations  of  the  Commission  addressed  to  the  State
concerned  and  by  all  other  supporting  documents.

in  question,  by 

3. Where  a  question  referred  to  the  Court  for  a
preliminary ruling is manifestly identical to a question on
which  the  Court  has  already  ruled,  the  Court  may,  after
informing  the  court  or  tribunal  which  referred  the
question to it, hearing any observations submitted by the
persons referred to in Article 20 of the EC Statute, Article
21 of the EAEC Statute and Article 103(3) of these Rules
and  hearing  the  Advocate-General,  give  its  decision  by
reasoned order in which reference is made to its previous
judgment.

The  Commission  shall  submit  its  observations  to  the
Court  within  a  period  of  10  days,  which  may  be
extended  by  the  President  after  the  State  concerned  has
been  heard.

A  certified  copy  of  the  observations  shall  be  served  on
that  State.

4. Without  prejudice  to  paragraph  3  of  this  Article,  the
procedure  before  the  Court  in  the  case  of  a  reference  for
a  preliminary  ruling  shall  also  include  an  oral  part.
However,  after  the  statements  of  case  or  written
observations  referred  to  in  Article  20  of  the  EC  Statute,
Article  21  of  the  EAEC  Statute  and  Article  103(3)  of
these  Rules  have  been  submitted,  the  Court,  acting  on  a
report  from  the  Judge-Rapporteur,  after  informing  the
persons  who  under  the  aforementioned  provisions  are
entitled  to  submit  such  statements  or  observations,  may,
after  hearing  the  Advocate-General,  decide  otherwise,
provided that none of those persons has asked to present
oral  argument.

It shall be for the national court or tribunal to decide

5.
as  to  the  costs  of  the  reference.

3. As  soon  as  the  application  has  been  lodged  the
President  shall  designate  a  Judge  to  act  as  Rapporteur.
The  First  Advocate-General  shall  assign  the  case  to  an
Advocate-General  as  soon  as  the  Judge-Rapporteur  has
been  designated.

4. The decision shall be taken in closed session after the
Advocate-General  has  been  heard.

The agents and advisers of the State concerned and of the
Commission  shall  be  heard  if  they  so  request.

Article  106

1.
In  cases  provided  for  in  the  last  paragraph  of  Article
104  and  the  last  paragraph  of  Article  105  of  the  EAEC
Treaty, the provisions of Article 37 et seq. of these Rules
shall apply.

In  special  circumstances  the  Court  may  grant,  by  way  of
legal  aid,  assistance  for  the  purpose  of  facilitating  the
representation  or  attendance  of  a  party.

2. The application shall be served on the State to which
the  respondent  person  or  undertaking  belongs.

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C h a p t e r   1 1

OPINIONS

Article  107

1. A request by the Council for an Opinion pursuant to
Article  228  of  the  EC  Treaty  shall  be  served  on  the
Commission  and  on  the  European  Parliament.  Such  a
request  by  the  Commission  shall  be  served  on  the
Council, on the European Parliament and on the Member
States. Such a request by a Member State shall be served
on  the  Council,  on  the  Commission,  on  the  European
Parliament  and  the  other  Member  States.

The  President  shall  prescribe  a  period  within  which  the
institutions  and  Member  States  which  have  been  served
with  a  request  may  submit  their  written  observations.

Article  108

1. As  soon  as  the  request  for  an  Opinion  has  been
lodged,  the  President  shall  designate  a  Judge  to  act  as
Rapporteur.

2. The Court sitting in closed session shall, after hearing
the  Advocates-General,  deliver  a  reasoned  Opinion.

3. The  Opinion,  signed  by  the  President,  by  the  Judges
who  took  part  in  the  deliberations  and  by  the  Registrar,
shall  be  served  on  the  Council,  the  Commission,  the
European  Parliament  and  the  Member  States.

Article  109

Requests  for  the  Opinion  of  the  Court  under  the  fourth
paragraph  of  Article  95  of  the  ECSC  Treaty  shall  be
submitted  jointly  by  the  Commission  and  the  Council.

2. The  Opinion  may  deal  not  only  with  the  question
whether  the  envisaged  agreement  is  compatible  with  the
provisions  of  the  EC  Treaty  but  also  with  the  question
whether  the  Community  or  any  Community  institution
has  the  power  to  enter  into  that  agreement.

The  Opinion  shall  be  delivered  in  accordance  with  the
provisions  of 
shall  be
the  preceding  Article. 
communicated  to  the  Commission,  the  Council  and  the
European Parliament.

It 

TITLE  IV

APPEALS  AGAINST  DECISIONS  OF  THE  COURT  OF  FIRST  INSTANCE

Article  110

Without  prejudice  to  the  arrangements  laid  down  in
Article  29(2)(b)  and  (c)  and  the  fourth  subparagraph  of
Article  29(3)  of  these  Rules,  in  appeals  against  decisions
of the Court of First Instance as referred to in Articles 49
and 50 of the EC Statute, Articles 49 and 50 of the ECSC
Statute  and  Articles  50  and  51  of  the  EAEC  Statute,  the
language of the case shall be the language of the decision
of the Court of First Instance against which the appeal is
brought.

2. The  Registry  of  the  Court  of  First  Instance  shall
immediately  transmit  to  the  Registry  of  the  Court  of
Justice the papers in the case at first instance and, where
necessary,  the  appeal.

Article  112

1. An  appeal  shall  contain:

(a)  the  name  and  address  of  the  appellant;

Article  111

(b) the  names  of  the  other  parties  to  the  proceedings

before  the  Court  of  First  Instance;

1. An appeal shall be brought by lodging an application
at the Registry of the Court of Justice or of the Court of
First  Instance.

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

(d) the  form  or  order  sought  by  the  appellant.

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Article  37  and  Article  38(2)  and  (3)  of  these  Rules  shall
apply  to  appeals.

Article  38(2)  and  (3)  of  these  Rules  shall  apply.

2. The  decision  of  the  Court  of  First  Instance  appealed
against  shall  be  attached  to  the  appeal.  The  appeal  shall
state the date on which the decision appealed against was
notified  to  the  appellant.

Article  116

3.
If  an  appeal  does  not  comply  with  Article  38(3)  or
with  paragraph  2  of  this  Article,  Article  38(7)  of  these
Rules  shall  apply.

1. A  response  may  seek:

Article  113

1. An  appeal  may  seek:

—  to  set  aside,  in  whole  or  in  part,  the  decision  of  the

Court  of  First  Instance;

—  the  same  form  of  order,  in  whole  or  in  part,  as  that
sought  at  first  instance  and  shall  not  seek  a  different
form  of  order.

2. The  subject-matter  of  the  proceedings  before  the
Court  of  First  Instance  may  not  be  changed  in  the
appeal.

—  to  dismiss,  in  whole  or  in  part,  the  appeal  or  to  set
aside,  in  whole  or  in  part,  the  decision  of  the  Court
of  First  Instance;

—  the  same  form  of  order,  in  whole  or  in  part,  as  that
sought  at  first  instance  and  shall  not  seek  a  different
form  of  order.

2. The  subject-matter  of  the  proceedings  before  the
Court  of  First  Instance  may  not  be  changed  in  the
response.

Article  114

Article  117

Notice  of  the  appeal  shall  be  served  on  all  the  parties  to
the proceedings before the Court of First Instance. Article
39  of  these  Rules  shall  apply.

Article  115

1. Any  party  to  the  proceedings  before  the  Court  of
First  Instance  may  lodge  a  response  within  two  months
after  service  on  him  of  notice  of  the  appeal.  The
time-limit  for  lodging  a  response  shall  not  be  extended.

2. A  response  shall  contain:

(a)  the  name  and  address  of  the  party  lodging  it;

(b) the date on which notice of the appeal was served on

him;

1. The appeal and the response may be supplemented by
a  reply  and  a  rejoinder  or  any  other  pleading,  where  the
President,  on  application  made  within  seven  days  of
service  of  the  response  or  of  the  reply,  considers  such
further  pleading  necessary  and  expressly  allows  it  in
order  to  enable  the  party  concerned  to  put  forward  its
point  of  view  or  in  order  to  provide  a  basis  for  the
decision  on  the  appeal.

2. Where  the  response  seeks  to  set  aside,  in  whole  or  in
part, the decision of the Court of First Instance on a plea
in  law  which  was  not  raised  in  the  appeal,  the  appellant
or any other party may submit a reply on that plea alone
within  two  months  of  the  service  of  the  response  in
question. Paragraph 1 shall apply to any further pleading
following  such  a  reply.

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

(d) the  form  of  order  sought  by  the  respondent.

3. Where the President allows the lodging of a reply and
a  rejoinder,  or  any  other  pleading,  he  shall  prescribe  the
period  within  which  they  are  to  be  submitted.

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Article  118

the  same  procedure  shall  apply  after  the  expiry  of  the
period  prescribed  for  lodging  them.

Subject  to  the  following  provisions,  Articles  42(2),  43,
44, 55 to 90, 93, 95 to 100 and 102 of these Rules shall
apply  to  the  procedure  before  the  Court  of  Justice  on
appeal  from  a  decision  of  the  Court  of  First  Instance.

Article  122

Article  119

Where  the  appeal  is  unfounded  or  where  the  appeal  is
well  founded  and  the  Court  itself  gives  final  judgment  in
the  case,  the  Court  shall  make  a  decision  as  to  costs.

Where  the  appeal  is,  in  whole  or  in  part,  clearly
inadmissible  or  clearly  unfounded,  the  Court  may  at  any
time,  acting  on  a  report  from  the  Judge-Rapporteur  and
after  hearing  the  Advocate-General,  by  reasoned  order
dismiss  the  appeal  in  whole  or  in  part.

Article  120

After  the  submission  of  pleadings  as  provided  for  in
Articles  115(1)  and,  if  any,  Article  117(1)  and  (2)  of
these  Rules,  the  Court  may,  acting  on  a  report  from  the
Judge-Rapporteur 
the
Advocate-General and the parties, decide to dispense with
the  oral  part  of  the  procedure  unless  one  of  the  parties
objects on the ground that the written procedure did not
enable  him  fully  to  defend  his  point  of  view.

hearing 

after 

and 

Article  121

The  report  referred  to  in  Article  44(1)  shall  be  presented
to  the  Court  after  the  pleadings  provided  for  in  Article
115(1)  and  Article  117(1)  and  (2)  of  these  Rules  have
been  lodged.  The  report  shall  contain,  in  addition  to  the
recommendations  provided  for 
in  Article  44(1),  a
recommendation as to whether Article 120 of these Rules
should  be  applied.  Where  no  such  pleadings  are  lodged,

In  proceedings  between  the  Communities  and  their
servants:

—  Article  70  of  these  Rules  shall  apply  only  to  appeals

brought  by  institutions;

—  by  way  of  derogation  from  Article  69(2)  of  these
Rules,  the  Court  may,  in  appeals  brought  by  officials
or  other  servants  of  an  institution,  order  the  parties
to  share  the  costs  where  equity  so  requires.

If  the  appeal  is  withdrawn  Article  69(5)  shall  apply.

When  an  appeal  brought  by  a  Member  State  or  an
institution  which  did  not  intervene  in  the  proceedings
before  the  Court  of  First  Instance  is  well  founded,  the
Court  of  Justice  may  order  that  the  parties  share  the
costs or that the successful appellant pay the costs which
the  appeal  has  caused  an  unsuccessful  party  to  incur.

Article  123

An  application  to  intervene  made  to  the  Court  in  appeal
proceedings shall be lodged before the expiry of a period
of one month running from the publication referred to in
Article  16(6).

TITLE  V

PROCEDURES  PROVIDED  FOR  BY  THE  EEA  AGREEMENT

Article  123a

1.
In  the  case  governed  by  Article  111(3)  of  the  EEA
Agreement (2),  the  matter  shall  be  brought  before  the
Court  by  a  request  submitted  by  the  Contracting  Parties
to  the  dispute.  The  request  shall  be  served  on  the  other
Contracting  Parties,  on  the  Commission,  on  the  EFTA

(2)  OJ  L  1  of  3.1.1994,  p.  27.

Surveillance  Authority  and,  where  appropriate,  on  the
other  persons  to  whom  a  reference  for  a  preliminary
ruling  raising  the  same  question  of  interpretation  of
Community  legislation  would  be  notified.

The  President  shall  prescribe  a  period  within  which  the
Contracting  Parties  and  the  other  persons  on  whom  the
request  has  been 
submit  written
observations.

served  may 

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The  request  shall  be  made  in  one  of  the  languages
mentioned  in  Article  29(1).  Paragraphs  3  and  5  of  that
Article shall apply. The provisions of Article 104(1) shall
apply  mutatis  mutandis.

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. As  soon  as  the  request  referred  to  in  paragraph  1  of
this  Article  has  been  submitted,  the  President  shall
appoint  a  Judge-Rapporteur.  The  First  Advocate-General
shall,  immediately  afterwards,  assign  the  request  to  an
Advocate-General.

The Court shall, after hearing the Advocate-General, give
a  reasoned  decision  on  the  request  in  closed  session.

2. The  witness  shall  take  the  oath  either  in  accordance
with  the  first  subparagraph  of  Article  47(5)  of  these
Rules  or  in  the  manner  laid  down  by  his  national  law.

Where  his  national  law  provides  the  opportunity  to
make,  in  judicial  proceedings,  a  solemn  affirmation
equivalent  to  an  oath  as  well  as  or  instead  of  taking  an
oath,  the  witness  may  make  such  an  affirmation  under
the  conditions  and  in  the  form  prescribed  in  his  national
law.

3. The decision of the Court, signed by the President, by
the Judges who took part in the deliberations and by the
Registrar,  shall  be  served  on  the  Contracting  Parties  and
on  the  other  persons  referred  to  in  paragraph  1.

Where  his  national  law  provides  neither  for  taking  an
oath nor for making a solemn affirmation, the procedure
described  in  paragraph  1  shall  be  followed.

Article  123b

In  the  case  governed  by  Article  1  of  Protocol  34  to  the
EEA  Agreement,  the  request  of  a  court  or  tribunal  of  an
EFTA State shall  be served on  the  parties  to  the case, on
the  Contracting  Parties,  on  the  Commission,  on  the
EFTA  Surveillance  Authority  and,  where  appropriate,  on
the  other  persons  to  whom  a  reference  for  a  preliminary
ruling  raising  the  same  question  of  interpretation  of
Community  legislation  would  be  notified.

If  the  request  is  not  submitted  in  one  of  the  languages
mentioned  in  Article  29(1),  it  shall  be  accompanied  by  a
translation  into  one  of  those  languages.

3. Paragraph  2  shall  apply  mutatis  mutandis  to  experts,
a  reference  to  the  first  subparagraph  of  Article  49(6)
replacing 
first
to 
subparagraph  of  Article  47(5)  of  these  Rules.

the  reference 

this  case 

the 

in 

Article  125

Subject to the provisions of Article 188 of the EC Treaty
and  Article  160  of 
the  EAEC  Treaty  and  after
consultation  with  the  Governments  concerned,  the  Court
shall adopt supplementary rules concerning its practice in
relation  to:

(a)  letters  rogatory;

(b) applications  for  legal  aid;

Within two months of this notification, the parties to the
case,  the  Contracting  Parties  and  the  other  persons
referred  to  in  the  first  paragraph  shall  be  entitled  to
submit  statements  of  case  or  written  observations.

(c)  reports  of  perjury  by  witnesses  or  experts,  delivered
pursuant  to  Article  27  of  the  EC  Statute  and  Article
28  of  the  ECSC  and  EAEC  Statutes.

The  procedure  shall  be  governed  by  the  provisions  of
these  Rules,  subject  to  the  adaptations  called  for  by  the
nature  of  the  request.

MISCELLANEOUS  PROVISIONS

Article  124

1. The  President  shall  instruct  any  person  who  is
required  to  take  an  oath  before  the  Court,  as  witness  or
expert,  to  tell  the  truth  or  to  carry  out  his  task

Article  126

These  Rules  replace  the  Rules  of  Procedure  of  the  Court
of  Justice  of  the  European  Communities  adopted  on  4
December  1974  (Official  Journal  of  the  European
Communities  L  350  of  28  December  1974,  p.  1),  as  last
amended  on  15  May  1991.

Article  127

These  Rules,  which  are  authentic  in  the  languages
mentioned  in  Article  29(1)  of  these  Rules,  shall  be
published 
in  the  Official  Journal  of  the  European
Communities and shall enter into force on the first day of
the  second  month  following  their  publication.

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ANNEX  I

DECISION  ON  OFFICIAL  HOLIDAYS

THE  COURT  OF  JUSTICE  OF  THE  EUROPEAN  COMMUNITIES,

Having  regard  to  Article  80(2)  of  the  Rules  of  Procedure,  which  requires  the  Court  to  draw  up  a  list  of
official holidays;

DECIDES:

For  the  purposes  of  Article  80(2)  of  the  Rules  of  Procedure  the  following  shall  be  official  holidays:

Article  1

—  New  Year’s  Day;

—  Easter  Monday;

—  1 May;

—  Ascension Day;

—  Whit  Monday;

—  23  June;

—  24  June,  where  23  June  is  a  Sunday;

—  15  August;

—  1  November;

—  25  December;

—  26  December.

The official holidays referred to in the first paragraph hereof shall be those observed at the place where the
Court  of  Justice  has  its  seat.

Article  80(2)  of  the  Rules  of  Procedure  shall  apply  only  to  the  official  holidays  mentioned  in  Article  1  of
this  Decision.

Article  2

Article  3

This Decision, which shall constitute Annex I to the Rules of Procedure, shall enter into force on the same
day  as  those  Rules.

It  shall  be  published  in  the  Official  Journal  of  the  European  Communities.

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ANNEX  II

DECISION  ON  EXTENSION  OF  TIME-LIMITS  ON  ACCOUNT  OF  DISTANCE

THE  COURT  OF  JUSTICE  OF  THE  EUROPEAN  COMMUNITIES,

Having regard to Article 81(2) of the Rules of Procedure relating to the extension, on account of distance,
of  prescribed  time  limits;

DECIDES:

Article  1

In  order  to  take  account  of  distance,  procedural  time-limits  for  all  parties  save  those  habitually  resident  in
the  Grand  Duchy  of  Luxembourg  shall  be  extended  as  follows:

—  for  the  Kingdom  of  Belgium:  two  days,

—  for  the  Federal  Republic  of  Germany,  the  European  territory  of  the  French  Republic  and  the  European

territory  of  the  Kingdom  of  the  Netherlands:  six  days,

—  for  the  European  territory  of  the  Kingdom  of  Denmark,  for  the  Kingdom  of  Spain,  for  Ireland,  for  the
Hellenic  Republic,  for  the  Italian  Republic,  for  the  Portuguese  Republic  (with  the  exception  of  the
Azores  and  Madeira),  for  the  Republic  of  Austria,  for  the  Republic  of  Finland,  for  the  Republic  of
Sweden  and  for  the  United  Kingdom:  10  days,

—  for  other  European  countries  and  territories:  two  weeks,

—  for  the  autonomous  regions  of  the  Azores  and  Madeira  of  the  Portuguese  Republic:  three  weeks,

—  for  other  countries,  departments  and  territories:  one  month.

Article  2

This Decision, which shall constitute Annex II to the Rules of Procedure, shall enter into force on the same
day  as  those  Rules.

It  shall  be  published  in  the  Official  Journal  of  the  European  Communities.