1999/291/EC, ECSC, Euratom: Council Decision of 26 April 1999 amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities to enable it to give decisions in cases when constituted by a single judge
Date: 1999-04-26
Institutions: Council of the European Union
Subjects: General Court (EU), competence of the institution, judge, trade mark

L 114/52

EN

Official Journal of the European Communities

1. 5. 1999

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 26 April 1999

amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First
Instance of the European Communities to enable it to give decisions in cases
when constituted by a single judge

(1999/291/EC, ECSC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 168a thereof,

Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Article 32d
thereof,

Having regard to the Treaty establishing the European
Atomic Energy Community, and in particular Article
140a thereof,

Having regard to the request by the Court of Justice,

Having regard to the opinion of the Commission,

Having regard to the opinion of the European Parlia-
ment (1),

(1) Whereas, since the creation of the Court of First
Instance its workload has considerably increased
and there will be a further considerable increase as
a result of litigation relating to intellectual property
rights, and in particular arising from the applica-
tion of Council Regulation (EC) No 40/94 of 20
December 1993 on the Community trade mark (2);

of the Members of the Court of First Instance, to
improving the
exhaust all
working efficiency of the Court of First Instance as
composed at present;

the possibilities of

(3) Whereas experience gained in various national
legal systems of Member States shows that, in a
number of cases, neither the nature of the legal or
factual questions raised, nor the importance of the
case, nor other special circumstances justify a case
being heard at first instance by a bench of judges
and that, by conferring on a single judge jurisdic-
tion to give decisions in certain cases, the number
of cases heard by a court may be considerably
increased;

(4) Whereas, similary, neither the legal or factual diffi-
culty of certain cases coming before the Court of
First
importance, nor any
their
special circumstance justify those cases being heard
by three Judges;

Instance, nor

(2) Whereas, to enable to Court of First Instance to
cope with this increased workload, it is necessary,
before contemplating any increase in the number

(5) Whereas it is therefore necessary to amend Council
Decision 88/591/ECSC, EEC, Euratom of 24
October 1998 establishing a Court of First Instance
of the European Communities (3),

(1) OJ C 328, 26.10.1998, p. 167.
(2) OJ L 11, 14.1.1994, p. 1.

(3) OJ L 319, 25.11.1988, p. 1. Decision as last amended by the

1994 Act of Accession.

1. 5. 1999

EN

Official Journal of the European Communities

L 114/53

HAS DECIDED AS FOLLOWS:

Article 1

In Article 2(4) of Decision 88/591/ECSC, EEC, Euratom, the words ‘or be constituted by a
single judge' shall be added at the end of the third sentence.

This Decision shall enter into force on the 15th day following that of its publication in the
Official Journal of the European Communities.

Article 2

Done at Luxembourg, 26 April 1999.

For the Council

The President

J. FISCHER