Amendments to the Rules of Procedure of the Court of First Instance of the European Communities
Date: 2000-12-06
Institutions: Court of First Instance
Subjects: General Court (EU), administrative procedure, institutional activity

L 322/4

EN

Official Journal of the European Communities

19.12.2000

AMENDMENTS TO THE RULES OF PROCEDURE OF THE COURT OF FIRST INSTANCE OF THE
EUROPEAN COMMUNITIES

THE COURT OF FIRST INSTANCE OF THE
EUROPEAN COMMUNITIES,

necessary to provide for the Court of First Instance to
be able to exclude the communication to the parties of
documents the production of which must be ordered.

Having regard to the Treaty establishing the European
Community, and in particular Article 225(4) thereof,

(6)

Having regard to the Treaty establishing the European Coal
and Steel Community, and in particular Article 32d(4) thereof,

The adoption of practice directions
to the parties
regarding the written stage and the oral stage of the
procedure
taken by
proceedings,

improve

should

course

the

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 140a(4) thereof,

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF
PROCEDURE:

Having regard to the agreement of the Court of Justice,

Having regard to the unanimous approval of the Council given
on 16 November 2000,

Whereas:

(1)

(2)

(3)

(4)

(5)

the Treaty of
entry into force of
Following the
Amsterdam amending the Treaty on European Union,
the Treaties establishing the European Communities and
certain related acts, references to the EC Treaty must
reflect the renumbering of the Articles of that Treaty
effected by Article 12 of the Treaty of Amsterdam.

The wording of Article 5 of the Rules of Procedure
must be adapted following the increase in the number
of Members of the Court of First Instance brought about
by the accession of
the
Republic of Finland and the Kingdom of Sweden to the
European Union.

the Republic of Austria,

In order to expedite proceedings before the Court of
First Instance, it is necessary to provide the possibility
for the Court to decide certain cases under an expedited
procedure and to decide that there will be no reply or
rejoinder. It is appropriate to adjust the time-limit and
modalities for intervention by third parties.

It is necessary to regulate the transmission of documents
by telefax. Provisions concerning the extension of
time-limits on account of distance should take account
of the current state of communications technology.

In order to resolve certain problems which may arise
under the new procedure concerning disputes regarding
is
public

to administrative documents,

access

it

Article 1

The Rules of Procedure of the Court of First Instance of the
European Communities of 2 May 1991 (1), as amended on 15
September 1994 (2), 17 February 1995 (3), 12 March 1997 (4)
and 17 May 1999 (5), shall be amended as follows:

1) The references to the EC Treaty in the articles of the
Rules of Procedure of the Court shall be amended as
follows:

(a)

in Article 7, (cid:145)168a(cid:146) becomes (cid:145)225(cid:146);

(b)

in Article 24(7), (cid:145)184(cid:146) becomes (cid:145)241(cid:146);

(c)

in Article 44(5a), (cid:145)181(cid:146) becomes (cid:145)238(cid:146);

(d)

in Articles 69(4) and 110,
(cid:145)244 and 256(cid:146);

(cid:145)187 and 192(cid:146) becomes

(e)

in Article 98, (cid:145)173 and 175(cid:146) becomes (cid:145)230 and 232(cid:146);

(f)

in Article 104(1),
becomes (cid:145)243(cid:146).

(cid:145)185(cid:146) becomes (cid:145)242(cid:146) and (cid:145)186(cid:146)

2)

In the third paragraph of Article 5, the words (cid:145)seven
Judges(cid:146) shall be replaced by the words (cid:145)a majority of the
Judges(cid:146).

(1) OJ L 136, 30.5.1991, p. 1.
(2) OJ L 249, 24.9.1994, p. 17.
(3) OJ L 44, 28.2.1995, p. 64.
(4) OJ L 103, 19.4.1997, p. 6, with corrigendum (OJ L 351,

23.12.1997, p. 72).

(5) OJ L 135, 29.5.1999, p. 92.

19.12.2000

EN

Official Journal of the European Communities

L 322/5

3) The following paragraph shall be added to Article 43:

(c) where the party concerned has waived his right to

(cid:145)6. Without prejudice to the provisions of paragraphs
1 to 5, the date on which a copy of the signed original
of a pleading,
including the schedule of documents
referred to in paragraph 4, is received at the Registry by
telefax or other
technical means of communication
available to the Court of First Instance shall be deemed to
be the date of lodgment for the purposes of compliance
with the time-limits for taking steps in proceedings,
provided that
the pleading,
the signed original of
accompanied by the annexes and copies referred to in
the second subparagraph of paragraph 1, is lodged at the
Registry no later than ten days thereafter.(cid:146)

4) The following subparagraph shall be inserted in Article

44(2) as the second subparagraph:

(cid:145)In addition to or instead of specifying an address for
service as referred to in the first subparagraph,
the
application may state that the lawyer or agent agrees that
service is to be effected on him by telefax or other
technical means of communication.(cid:146),

lodge a reply or rejoinder, or

(d) where the Court of First Instance has decided that
there is no need, in accordance with Article 47(1), to
the application and the defence by a
supplement
reply and a rejoinder, or

(e) where the Court of First Instance has decided that it
is appropriate to adjudicate under an expedited
procedure in accordance with Article 76a(1),

fix a date on which the Judge-Rapporteur is to present
his preliminary report to the Court of First Instance.

The

shall

report

preliminary

2.
contain
recommendations as to whether measures of organisation
of procedure or measures of
should be
undertaken and whether the case should be referred to
the Court of First Instance sitting in plenary session or to
a Chamber composed of a different number of Judges.

inquiry

The Court of First Instance shall decide, after hearing the
Advocate General, what
action to take upon the
recommendations of the Judge-Rapporteur.(cid:146)

and the present second subparagraph shall become the
third subparagraph.

7) The following paragraph shall be added to Article 67:

the words

third subparagraph,

In the
(cid:145)with these
requirements(cid:146) shall be replaced by the words (cid:145)with the
and second
requirements
subparagraphs(cid:146), and the words (cid:145)the first paragraph of(cid:146)
shall be inserted before the words (cid:145)Article 100(cid:146).

referred to in the

first

5)

In Article 47(1), the following words shall be added after
the word (cid:145)defendant(cid:146):

Instance, after hearing the
(cid:145)unless the Court of First
Advocate General, decides that a second exchange of
pleadings is unnecessary because the documents before it
are sufficiently comprehensive to enable the parties to
elaborate their pleas and arguments in the course of the
oral procedure. However, the Court of First Instance may
authorise the parties to supplement the documents if the
applicant presents a reasoned request to that effect within
two weeks from the notification of that decision.(cid:146)

6) Article 52 shall be replaced by the following:

(cid:145)Article 52

1. Without prejudice to Article 49, the President shall,

(a) after the rejoinder has been lodged, or

(b) where no reply or no rejoinder has been lodged
within the time-limit fixed in accordance with Article
47(2), or

(cid:145)3.
Subject to the provisions of Article 116(2) and (6),
the Court of First Instance shall take into consideration
only those documents which have been made available to
the lawyers and agents of the parties and on which they
have been given an opportunity of expressing their
views.

Where it is necessary for the Court of First Instance to
verify the confidentiality,
in respect of one or more
parties, of a document that may be relevant in order to
rule in a case, that document shall not be communicated
to the parties at the stage of such verification.

Where a document to which access has been denied by a
Community institution has been produced before the
Instance in proceedings relating to the
Court of First
legality of
shall not be
that denial,
communicated to the other parties.(cid:146)

that document

8) The following Chapter shall be inserted after Article 76:

(cid:145)CHAPTER 3a

EXPEDITED PROCEDURES

Article 76a

1.
The Court of First Instance may, on application by
the applicant or the defendant, after hearing the other
parties and the Advocate General, decide, having regard
to the particular urgency and the circumstances of the
case, to adjudicate under an expedited procedure.

L 322/6

EN

Official Journal of the European Communities

19.12.2000

An application for a case to be decided under an
separate
expedited procedure
document lodged at the same time as the application
initiating the proceedings or the defence.

shall be made by a

By way of derogation from Article 55, cases on which
the Court of First
Instance has decided to adjudicate
under an expedited procedure shall be given priority.

11) Article 115(1) shall be replaced by the following:

(cid:145)1.
An application to intervene must be made either
within six weeks of the publication of the notice referred
to in Article 24(6) or, subject to Article 116(6), before
the decision to open the oral procedure as provided for
in Article 53.(cid:146)

the

Under

the pleadings
expedited procedure,
2.
referred to in Articles 47(1) and 116(4) and (5) may be
lodged only if the Court of First Instance, by way of
measures of organisation of procedure
adopted in
accordance with Article 64, so allows.

3. Without prejudice to Article 48, the parties may
supplement their arguments and offer further evidence in
the course of the oral procedure. They must, however,
the delay in offering such further
give reasons
evidence.(cid:146)

for

9) The text of Article 100 shall become paragraph 1 and

the following paragraph shall be added:

in

the

with

accordance

(cid:145)2. Where,
second
subparagraph of Article 44(2), the addressee has agreed
that service is to be effected on him by telefax or other
any procedural
technical means of
document other than a judgment or order of the Court
of First Instance may be served by the transmission of a
copy of the document by such means.

communication,

by

the document

telefax or other

the document,
impracticable,

Where, for technical reasons or on account of the nature
such transmission is
or
length of
impossible or
shall be
served, if the addressee has failed to state an address for
service, at his address in accordance with the procedures
laid down in paragraph 1. The addressee shall be so
advised
technical means of
communication. Service shall then be deemed to have
been effected on the addressee by registered post on the
tenth day following the lodging of the registered letter at
the post office of the place where the Court of First
Instance has
shown by the
acknowledgement of receipt that the letter was received
on a different date or the addressee informs the Registrar,
within three weeks of being advised by telefax or other
technical means of communication, that the document to
be served has not reached him.(cid:146)

seat, unless

its

is

it

12) Article 116 is hereby amended as follows:

(a)

In paragraph (2) the words (cid:145)If the President allows the
intervention (cid:133)(cid:146) shall be replaced by the words (cid:145)If an
intervention for which application has been made
within the period of six weeks prescribed in Article
115(1) is allowed (cid:133)(cid:146).

(b) In the first subparagraph of paragraph (4) the words
(cid:145)In the cases referred to in paragraph 2 above(cid:146) shall
be inserted before the words (cid:145)The President(cid:146).

(c) The following paragraph shall be added:

(cid:145)6. Where the application to intervene is made
after the expiry of the period of six weeks prescribed
in Article 115(1), the intervener may, on the basis of
the Report for the Hearing communicated to him,
submit his observations during the oral procedure.(cid:146)

13) The following Article shall be inserted after Article 136:

(cid:145)Article 136a

The Court of First Instance may issue practice directions
relating,
for and
conduct of hearings before it and to the lodging of
written pleadings or observations.(cid:146)

to the preparations

in particular,

Article 2

These amendments to the Rules of Procedure, which are
authentic in the languages mentioned in Article 35(1), shall be
the European Communities.
published in the Official Journal of
They shall enter into force on the first day of the second
month following their publication.

10) Article 102(2) shall be replaced by the following:

Done at Luxembourg, 6 December 2000.

The prescribed time-limits shall be extended on

(cid:145)2.
account of distance by a single period of ten days.(cid:146)

The Registrar

H. JUNG

The President

B. VESTERDORF