Court of Justice - Codified version of the Rules of Procedure
Date: 2001-02-01
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, administrative procedure, institutional activity

1.2.2000

EN

Official Journal of the European Communities

C 34/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Codified version of the Rules of Procedure

(2001/C 34/01)

This edition consolidates:

the Rules of Procedure of the Court of Justice of the European Communities of 19 June 1991 (OJ L 176
of 4.7.1991, p. 7, and OJ 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. Amendments to the Rules of Procedure of the Court of Justice of the European Communities of

16 May 2000 (OJ L 122 of 24.5.2000, p. 43),

4. Amendments to the Rules of Procedure of the Court of Justice of the European Communities of

28 November 2000 (OJ L 322 of 19.12.2000, p. 1).

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

 
1.2.2000

EN

Official Journal of the European Communities

C 34/3

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

OF 19 JUNE 1991 ()

(1) OJ L 176 of 4.7.1991, p. 7, and OJ L 383 of 29.12.1992 (corrigenda), with amendments dated 21 February 1995
(published in OJ L 44 of 28.2.1995, p. 61), 11 March 1997 (published in OJ L 103 of 19.4.1997, p. 1, and OJ
L 351 of 23.12.1997, p. 72 (corrigenda)), 16 May 2000 (published in OJ L 122 of 24.5.2000, p. 43) and
28 November 2000 (published in OJ L 122 of 19.12.2000, p. 1).

 
1.2.2000

EN

Official Journal of the European Communities

C 34/5

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 inquiries and other preparatory measures . . . . . . . . . . . . . . . . . . . . . . .

Section 1

— Measures of inquiry (Articles 45 and 46) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

Section 3

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

.

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

Section 4

— Preparatory measures (Article 54a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

16

17

19

19

Chapter 3

— Oral procedure (Articles 55 to 62)

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

19

Chapter 3a

— Expedited procedures (Article 62a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

Chapter 8

— Service (Article 79) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

Chapter 9

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

23

Chapter 10

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

24

C 34/6

EN

Official Journal of the European Communities

1.2.2000

Title III — Special forms of procedure

Chapter 1

— Suspension of operation or enforcement and other interim measures (Articles 83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to 90)

25

Chapter 2

— Preliminary issues (Articles 91 and 92)

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

26

Chapter 3

— Intervention (Article 93)

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

26

Chapter 4

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

. . . . . . . . . .

27

Chapter 5

— Cases assigned to Chambers (Articles 95 and 96)

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

28

Chapter 6

— Exceptional review procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1

Section 2

— Third-party proceedings (Article 97) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

28

28

28

Chapter 7

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

. . . . . . . . .

29

Chapter 8

— Interpretation of judgments (Article 102)

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

29

Chapter 9

— Preliminary rulings and other references for interpretation (Articles 103 to 104a)

29

Chapter 10

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

31

Chapter 11

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

31

Chapter 12

— Requests for interpretation under Article 68 of the EC Treaty (Article 109a) . . . .

32

Chapter 13

— Settlement of the disputes referred to in Article 35 of the Union Treaty
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Article 109b)

32

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

33

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

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

35

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

35

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

37

1.2.2000

EN

Official Journal of the European Communities

C 34/7

INTERPRETATION

Article 1

In these Rules:

— ‘Union Treaty’ means the Treaty on European Union;

— ‘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

2.
Immediately after taking the oath, a Judge shall sign a
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 4

Article 3

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

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.

Article 5

‘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’.

Articles 2, 3 and 4 of these Rules shall apply to Advocates
General.

C 34/8

EN

Official Journal of the European Communities

1.2.2000

Article 6

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

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 Judges and Advocates General who are reappointed
shall retain their former precedence.

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.

The Court shall lay down criteria by which, as a rule,

3.
cases are to be assigned to Chambers.

C h a p t e r 2

These Rules shall apply to proceedings before the

4.
Chambers.

PRESIDENCY OF THE COURT AND CONSTITUTION OF THE
CHAMBERS

Article 7

1.
The Judges shall, immediately after the partial replace-
ment provided for in Article 223 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.

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

The Court shall appoint for a period of one year the

1.
Presidents of the Chambers and the First Advocate General.

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

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

The elections provided for in this Article shall be by
3.
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.

Article 8

The President shall direct the judicial business and the adminis-
tration of the Court; he shall preside at hearings and deliber-
ations.

Article 9

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 11

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 221 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 Presidents 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.

1.2.2000

EN

Official Journal of the European Communities

C 34/9

C h a p t e r 3

REGISTRY

Article 14

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

Section 1 — The Registrar and Assistant Registrars

Article 12

Article 15

1.

The Court shall appoint the Registrar.

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

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 16

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.

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.

The appointment shall be made following the procedure

3.
laid down in Article 7(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.

The Registrar shall be appointed for a term of six years.

4.
He may be reappointed.

The Registrar shall take the oath in accordance with

5.
Article 3 of these Rules.

The Registrar may be deprived of his office only if he no
6.
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.

Entries in the register and the notes provided for in the

3.
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 parties to a case may on payment of the appropriate
charge also obtain copies of pleadings and authenticated copies
of judgments and orders.

Article 13

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

6.
Notice shall be given in the Official Journal of the European
Communities of the date of registration of an application
initiating proceedings, 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.

C 34/10

EN

Official Journal of the European Communities

1.2.2000

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 241 of
the third
paragraph of Article 36 of the ECSC Treaty or Article 156 of
the EAEC Treaty.

the EC 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

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

The Registrar shall assist the Court, the Chambers, the

2.
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

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

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

Article 24

Section 2 — Other departments

Article 20

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

1. Where the Court is of the opinion that the 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.

Assistant Rapporteurs shall in particular assist the Presi-
2.
dent in connection with applications for the adoption of
interim measures and assist the Judge-Rapporteurs in their
work.

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

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

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

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

1.2.2000

EN

Official Journal of the European Communities

C 34/11

C h a p t e r 5

THE WORKING OF THE COURT

Article 25

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

Every Judge taking part in the deliberations shall state his

3.
opinion and the reasons for it.

The dates and times of the sittings of the Court shall be

1.
fixed by the President.

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

The dates and times of the sittings of the Chambers shall

2.
be fixed by their respective Presidents.

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.

Article 26

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 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 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.

Article 27

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.

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.

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

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

Subject to any special decision of the Court, its vacations

1.
shall be as follows:

— from 18 December to 10 January,

— from the Sunday before Easter to the second Sunday after

Easter,

The Court and Chambers shall deliberate in closed

1.
session.

— from 15 July to 15 September.

C 34/12

EN

Official Journal of the European Communities

1.2.2000

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.

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.

In a case of urgency, the President may convene the

2.
Judges and the Advocates General during the vacations.

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

The Court shall observe the official holidays of the place

3.
where it has its seat.

The Court may, in proper circumstances, grant leave of

4.
absence to any Judge or Advocate General.

C h a p t e r 6

LANGUAGES

Article 29

The language of a case shall be Danish, Dutch, English,
Italian, Portuguese,

1.
Finnish, French, German, Greek,
Spanish or Swedish.

Irish,

The language of a case shall be chosen by the applicant,

2.
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)

(c)

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;

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 subpara-
graphs (a) and (b); such a request may not be submitted
by an institution of the European Communities.

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 state-
ments 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.

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 languages
mentioned in paragraph 1 may be authorised for the oral
procedure.

5.
The President of the Court and the Presidents of Cham-
bers in conducting oral proceedings, 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.

1.2.2000

EN

Official Journal of the European Communities

C 34/13

Article 30

Article 33

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).

Publications of the Court shall be issued in the languages

2.
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.

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)

(b)

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;

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 LAW-
YERS

Article 35

Article 32

Agents, advisers and lawyers appearing before the Court
1.
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.

Agents, advisers and lawyers shall enjoy the following

2.
further privileges and facilities:

(a)

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

Any adviser or lawyer whose conduct towards the Court,
1.
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.

The order shall have immediate effect.

2. Where an adviser or lawyer is excluded from the
proceedings, the proceedings shall be suspended for a period
fixed by the President in order to allow the party concerned to
appoint another adviser or lawyer.

3.

Decisions taken under this Article may be rescinded.

Article 36

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.

C 34/14

EN

Official Journal of the European Communities

1.2.2000

TITLE II

PROCEDURE

C h a p t e r 1

WRITTEN PROCEDURE

Article 38

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;

The original of every pleading must be signed by the

1.
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.

2.
Institutions shall 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.

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.

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 shall
be deemed to be the date of lodgment for the purposes of
compliance with the time-limits for taking steps in proceed-
ings, provided that
the pleading,
accompanied by the annexes and copies referred to in the
second subparagraph of paragraph 1 above, is lodged at the
Registry no later than ten days thereafter.

the signed original of

(b)

(c)

the designation of the party against whom the application
is made;

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.

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.

If the application does not comply with the requirements
referred to in the first and second subparagraphs, 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(1), 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.

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.

4.
The application shall be accompanied, where appropri-
ate, 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.

1.2.2000

EN

Official Journal of the European Communities

C 34/15

An application made by a legal person governed by

5.
private law shall be accompanied by:

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.

(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;

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

6.
An application submitted under Articles 238 and 239 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.

7.
If an application does not comply with the 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

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.

The President shall fix the time-limits within which these

2.
pleadings are to be lodged.

Article 42

1.
In reply or rejoinder a party may offer further 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.

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.

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 and after
hearing the Advocate General, allow the other party time to
answer on that plea.

Article 40

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

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

(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.

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

Article 43

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
judgment. The cases may
oral procedure or of the final
subsequently be disjoined. The President may refer these
matters to the Court.

C 34/16

EN

Official Journal of the European Communities

1.2.2000

Article 44

C h a p t e r 2

The President shall

1.
fix a date on which the Judge-
Rapporteur is to present his preliminary report to the Court,
either

PREPARATORY

INQUIRIES AND OTHER
MEASURES

PREPARATORY

(a)

after the rejoinder has been lodged, or

Section 1 — Measures of inquiry

(b) where no reply or no rejoinder has been lodged within

the time-limit fixed in accordance with Article 41(2), or

Article 45

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

a reply or rejoinder, or

(d) where the expedited procedure referred to in Article 62a
is to be applied, when the President fixes a date for the
hearing.

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.
The preliminary report shall contain recommendations
as to whether a preparatory inquiry or any other preparatory
step should be undertaken and whether the case should be
It shall also contain the Judge-
referred to a Chamber.
Rapporteur’s recommendation,
if any, as to the possible
omission of the oral part of the procedure as provided for in
Article 44a.

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 for information and production of documents;

The Court shall decide, after hearing the Advocate General,
what action to take upon the recommendations of the Judge-
Rapporteur.

(c)

oral testimony;

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

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

Article 44a

Without prejudice to any special provisions laid down in these
Rules, the procedure before the Court shall also include an oral
part. However, 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 and after
hearing the Advocate General, and if none of the parties has
submitted an application setting out the reasons for which he
wishes to be heard, may decide otherwise. The application
shall be submitted within a period of one month from
notification to the party of the close of the written procedure.
That period may be extended by the President.

(d)

the commissioning of an expert’s report;

(e)

an inspection of the place or thing in question.

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

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

Evidence may be submitted in rebuttal and previous

4.
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.

1.2.2000

EN

Official Journal of the European Communities

C 34/17

Articles 56 and 57 of

2.
proceedings before the Chamber.

these Rules shall apply to

The parties shall be entitled to attend the measures of

3.
inquiry.

Section 2 — The summoning and examination
of witnesses and experts

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.

Article 47

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

1.
The Court may, either of its own motion or on appli-
cation 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.

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.

The witness shall be summoned by an order of the Court

2.
containing the following information:

(a)

(b)

the surname, forenames, description and address of the
witness;

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.

After giving his evidence, the witness shall take the

5.
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.

The Registrar shall draw up minutes in which the

6.
evidence of each witness is reproduced.

The minutes shall be signed by the President or by the Judge-
Rapporteur responsible for conducting the 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.

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 EUR 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 in connection
with the examination of any witness summoned by the Court
of its own motion.

(1) See Article 2 of Council Regulation No 1103/97 (OJ L 162 of

19.6.1997, p. 1).

C 34/18

EN

Official Journal of the European Communities

1.2.2000

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.

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

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
the witness where he establishes that it is disproportionate to
his income.

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

the expert shall

take the

‘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.

Penalties imposed and other measures ordered under this
4.
Article shall be enforced in accordance with Articles 244 and
256 of the EC Treaty, Articles 44 and 92 of the ECSC Treaty
and Articles 159 and 164 of the EAEC Treaty.

Article 50

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 supervision of the Judge-Rapporteur, who
may be present during his investigation and who shall be kept
informed of his progress in carrying out his task.

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

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

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

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.

The expert may give his opinion only on points which

4.
have been expressly referred to him.

Article 52

After the expert has made his report, the Court may
5.
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 experts, as provided for in the supplementary rules men-
tioned in Article 125 of these Rules.

1.2.2000

EN

Official Journal of the European Communities

C 34/19

Article 53

The President may in special circumstances order that a

2.
case be given priority over others.

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.

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

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.

Section 3 — Closure of the preparatory inquiry

Article 54

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

Article 56

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.

The oral proceedings in cases heard in camera shall not

2.
be published.

Article 57

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

Section 4 — Preparatory Measures

The other Judges and the Advocate General may do likewise.

Article 54a

Article 58

The Judge-Rapporteur and the Advocate General may request
the parties to submit within a specified period all such
information relating to the facts, and all such documents or
other particulars, as they may consider relevant. The infor-
mation and/or documents provided shall be communicated to
the other parties.

C h a p t e r 3

ORAL PROCEDURE

Article 55

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

Article 59

The Advocate General shall deliver his opinion orally at

1.
the end of the oral procedure.

After the Advocate General has delivered his opinion,

2.
the President shall declare the oral procedure closed.

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.

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.

C 34/20

EN

Official Journal of the European Communities

1.2.2000

Article 61

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

Without prejudice to Article 42, the parties may supplement
their arguments and offer further evidence in the course of the
oral procedure. They must, however, give reasons for the delay
in offering such further evidence.

Article 62

The Court shall give its ruling after hearing the Advocate

4.
General.

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.

The parties may inspect the minutes at the Registry and

2.
obtain copies at their own expense.

C h a p t e r 4

JUDGMENTS

Article 63

C h a p t e r 3 a

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

The judgment shall contain:

EXPEDITED PROCEDURES

— the date of its delivery,

Article 62a

— the names of the President and of the Judges taking part

in it,

1.
On application by the applicant or the defendant,
the President may exceptionally decide, on the basis of a
recommendation by the Judge-Rapporteur and after hearing
the other party and the Advocate General, that a case is to be
determined pursuant to an expedited procedure derogating
from the provisions of these Rules, where the particular
urgency of the case requires the Court to give its ruling with
the minimum of delay.

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

2.
Under the expedited procedure, the originating appli-
cation and the defence may be supplemented by a reply and a
rejoinder only if the President considers this to be necessary.

— 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,

— a statement of the forms of order sought by the parties,

— a statement that the Advocate General has been heard,

— a summary of the facts,

— the grounds for the decision,

— the operative part of the judgment, including the decision

as to costs.

An intervener may lodge a statement in intervention only if
the President considers this to be necessary.

Article 64

3.
Once the defence has been lodged or, if the decision to
adjudicate under an expedited procedure is not made until
after that pleading has been lodged, once that decision has
been taken, the President shall fix a date for the hearing, which
shall be communicated forthwith to the parties. He may
postpone the date of the hearing where the organisation of
measures of inquiry or of other preparatory measures so
requires.

The judgment shall be delivered in open court; the parties

1.
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.

1.2.2000

EN

Official Journal of the European Communities

C 34/21

The Registrar shall record on the original of the judgment

3.
the date on which it was delivered.

Article 65

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

C h a p t e r 5

COSTS

Article 69

Article 66

A decision as to costs shall be given in the final judgment

1.
or in the order which closes the proceedings.

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

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

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

The Court shall take its decision in closed session after

3.
hearing the Advocate General.

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.

Article 67

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

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

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.

The Member States and institutions which intervene in

4.
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 proceed-
ings 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.

Article 68

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

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

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

C 34/22

EN

Official Journal of the European Communities

1.2.2000

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

The parties may, for the purposes of enforcement, apply

2.
for an authenticated copy of the order.

Article 70

Article 75

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.

Article 71

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.

Sums due from the cashier of the Court shall be paid in

1.
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.

Article 72

Other debtors shall make payment in the currency of

2.
their country of origin.

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)

(b)

sums payable to witnesses and experts under Article 51
of these Rules;

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.

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.

C h a p t e r 6

LEGAL AID

Article 76

A party who is wholly or in part unable to meet the

1.
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.

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 hearing the
opposite party and the Advocate General, make an order, from
which no appeal shall lie.

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.

1.2.2000

EN

Official Journal of the European Communities

C 34/23

3.
The President shall designate a Judge to act as Rapporteur.
The Chamber to which the latter belongs shall, after consider-
ing 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.

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 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 230 and 232 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).

C h a p t e r 8

SERVICE

Article 79

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

2. Where, in accordance with the second subparagraph of
Article 38(2), the addressee has agreed that service is to be
effected on him by telefax or other technical means of
communication, any procedural document other than a judg-
ment or order of the Court may be served by the transmission
of a copy of the document by such means.

Where, for technical reasons or on account of the nature or
length of the document, such transmission is impossible or
impracticable, the document 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 of
this article. The addressee shall be so advised by telefax or
other 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 has its
seat, unless it is 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.

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;

C 34/24

EN

Official Journal of the European Communities

1.2.2000

(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;

C h a p t e r 1 0

STAY OF PROCEEDINGS

Article 82a

(d) periods shall include official holidays, Sundays and Satur-

1.

The proceedings may be stayed:

days;

(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.

(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;

(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.

Article 81

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

1. Where the period of time allowed for initiating proceed-
ings 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.

The prescribed time-limits shall be extended on account

2.
of distance by a single period of ten days.

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

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

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

Article 82

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

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.

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.

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

1.2.2000

EN

Official Journal of the European Communities

C 34/25

TITLE III

SPECIAL FORMS OF PROCEDURE

C h a p t e r 1

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 242 of the
EC Treaty, the second paragraph of Article 39 of the ECSC
Treaty or 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 243 of the EC Treaty the third paragraph
of Article 39 of the ECSC Treaty or 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.

An application of a kind referred to in paragraph 1 of
2.
this Article shall state the subject-matter of 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.

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

the President

If
Article 11 of these Rules shall apply.

is absent or prevented from attending,

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.

Article 86

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.

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.

Unless the order fixes the date on which the interim
lapse when final

3.
measure is to lapse, the measure shall
judgment is delivered.

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

Article 87

Article 84

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

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

Article 88

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.

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

Article 85

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

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 244 and 256 of the EC Treaty, Articles 44 and 92
of the ECSC Treaty or Articles 159 and 164 of the EAEC
Treaty.

C 34/26

EN

Official Journal of the European Communities

1.2.2000

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

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

Article 90

Article 92

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

(a)

(b)

the names and addresses of the persons or undertakings
to be inspected;

an indication of what is to be inspected and of the
purpose of the inspection.

The President shall give his decision in the form of an

2.
order. Article 86 of these Rules shall apply.

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.

the President

If
Article 11 of these Rules shall apply.

is absent or prevented from attending,

C h a p t e r 2

PRELIMINARY ISSUES

Article 91

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.

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.

Unless the Court decides otherwise, the remainder of the

3.
proceedings shall be oral.

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

C h a p t e r 3

INTERVENTION

Article 93

An application to intervene must be made within six
the notice referred to in

the publication of

1.
weeks of
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)

(e)

(f)

the intervener’s address for service at the place where the
Court has its seat;

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

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.

Articles 37 and 38 of these Rules shall apply.

1.2.2000

EN

Official Journal of the European Communities

C 34/27

2.

The application shall be served on the parties.

C h a p t e r 4

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.

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

The intervener must accept the case as he finds it at the

4.
time of his intervention.

The President shall prescribe a period within which the

5.
intervener may submit a statement in intervention.

The statement in intervention shall contain:

JUDGMENTS BY DEFAULT AND APPLICATIONS TO SET THEM
ASIDE

Article 94

1.
If a defendant on whom an application initiating pro-
ceedings 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.

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

Before giving judgment by default

2.
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.

(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;

Application may be made to set aside a judgment by

4.
default.

(b)

the pleas in law and arguments relied on by the intervener;

(c) where appropriate, the nature of any evidence offered.

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.

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.

After the application has been served, the President shall
5.
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.

7.
Consideration may be given to an application to inter-
vene which is made after the expiry of the period prescribed in
paragraph 1 but before the decision to open the oral procedure
provided for in Article 44(3). In that event, if the President
allows the intervention, the intervener may, on the basis of the
Report for the Hearing communicated to him, submit his
observations during the oral procedure, if that procedure takes
place.

The Court shall decide by way of a judgment which may

6.
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.

C 34/28

EN

Official Journal of the European Communities

1.2.2000

C h a p t e r 5

CASES ASSIGNED TO CHAMBERS

Article 95

1.
The Court may assign any case brought before it to a
Chamber in so far as the difficulty or importance of the case
or particular circumstances 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 in proceedings between the Communities and their
servants.

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

3.
Court.

Article 96

(repealed)

C h a p t e r 6

(b)

(c)

state how that judgment is prejudicial to the rights of the
third party;

indicate the reasons for which the third party was unable
to take part in the original case.

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

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.

The contested judgment shall be varied on the points on

3.
which the submissions of the third party are upheld.

The original of the judgment in the 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.

Section 2 — Revision

Article 98

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.

EXCEPTIONAL REVIEW PROCEDURES

Article 99

Section 1 — Third-party proceedings

(a)

specify the judgment contested;

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

Article 97

(b)

indicate the points on which the judgment is contested;

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;

(c)

set out the facts on which the application is based;

(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.

1.2.2000

EN

Official Journal of the European Communities

C 34/29

The application must be made against all parties to the

2.
case in which the contested judgment was given.

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.

Article 100

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

4.
to these proceedings.

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.

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.

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.

The original of the revising judgment shall be annexed
3.
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.

C h a p t e r 8

INTERPRETATION OF JUDGMENTS

Article 102

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:

C h a p t e r 7

(a)

the judgment in question;

APPEALS AGAINST DECISIONS OF THE ARBITRATION COM-
MITTEE

(b)

the passages of which interpretation is sought.

Article 101

An application initiating an appeal under the second

1.
paragraph of Article 18 of the EAEC Treaty shall state:

(a)

the name and address of the applicant;

(b)

the description of the signatory;

(c)

a reference to the arbitration committee’s decision against
which the appeal is made;

(d)

the description of the parties;

(e)

a summary of the facts;

(f)

the pleas in law of and the form of order sought by the
applicant.

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

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

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

interpreted. A note of

the judgment

C h a p t e r 9

PRELIMINARY RULINGS AND OTHER REFERENCES

FOR

INTERPRETATION

Article 103

Articles 37(3) and (4) and 38(2), (3) and (5) of these

2.
Rules shall apply.

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

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

these Rules, subject

C 34/30

EN

Official Journal of the European Communities

1.2.2000

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
judgments in civil and commercial matters, signed at
of
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.

3.
In cases provided for in Article 35(1) of the Union Treaty
and 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.

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

The provisions of paragraph (1) shall apply.

3. Where a question referred to the Court for a preliminary
ruling is identical to a question on which the Court has already
ruled, where the answer to such a question may be clearly
deduced from existing case-law or where the answer to the
question admits of no reasonable doubt, 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 Euratom
Statute and Article 103(3) of these Rules and hearing the
Advocate General, give its decision by reasoned order in which,
if appropriate, reference is made to its previous judgment or
to the relevant case-law.

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 Euratom
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 obser-
vations, may, after hearing the Advocate General, decide
otherwise, provided that none of those persons has submitted
an application setting out the reasons for which he wishes to
be heard. The application shall be submitted within a period
of one month from service on the party or person of the
written statements of case or written observations which have
been lodged. That period may be extended by the President.

Article 104

The Court may, after hearing the Advocate General,

5.
request clarification from the national court.

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

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 Surveillance Authority,
in the original version, accompanied by a translation into one
of the languages mentioned in Article 29(1), to be chosen by
the addressee of the notification.

It shall be for the national court or tribunal to decide as

6.
to the costs of the reference.

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.

Article 104a

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

take account of

the request of

the President may
the national court,
At
exceptionally decide, on a proposal from the Judge-Rapporteur
and after hearing the Advocate General, to apply an accelerated
procedure derogating from the provisions of these Rules to a
reference for a preliminary ruling, where the circumstances
referred to establish that a ruling on the question put to the
Court is a matter of exceptional urgency.

1.2.2000

EN

Official Journal of the European Communities

C 34/31

In that event, the President may immediately fix the date for
the hearing, which shall be notified to the parties in the main
proceedings and to the other persons referred to in Article 20
of the EC Statute, Article 21 of the Euratom Statute and
Article 103(3) of these Rules when the decision making the
reference is served.

The parties and other interested persons referred to in the
preceding paragraph may lodge statements of case or written
observations within a period prescribed by the President,
which shall not be less than 15 days. The President may
request the parties and other interested persons to restrict the
matters addressed in their statement of case or written
observations to the essential points of law raised by the
question referred.

The statements of case or written observations, if any, shall be
notified to the parties and to the other persons referred to
above prior to the hearing.

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.

The application shall be served on the State to which the

2.
respondent person or undertaking belongs.

The Court shall rule after hearing the Advocate General.

C h a p t e r 1 1

C h a p t e r 1 0

SPECIAL PROCEDURES UNDER ARTICLES 103 TO 105 OF THE
EAEC TREATY

OPINIONS

Article 107

Article 105

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

A request by the Council for an Opinion pursuant to
1.
Article 300 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 Com-
mission, on the European Parliament and the other Member
States.

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

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.

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.

2.
The Opinion may deal not only with the question
whether the envisaged agreement is compatible which 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.

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.

As soon as the request for an Opinion has been lodged,

1.
the President shall designate a Judge to act as Rapporteur.

Article 108

C 34/32

EN

Official Journal of the European Communities

1.2.2000

The Court sitting in closed session shall, after hearing the

2.
Advocates General, deliver a reasoned Opinion.

The procedure relating to the request shall include an oral part
where a Member State or one of the institutions referred to in
paragraph 1 so requests.

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.

C h a p t e r 1 3

Article 109

SETTLEMENT OF THE DISPUTES REFERRED TO IN ARTICLE 35 OF
THE UNION TREATY

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.

Article 109b

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

C h a p t e r 1 2

REQUESTS FOR INTERPRETATION UNDER ARTICLE 68 OF THE
EC TREATY

Article 109a

1.
A request for a ruling on a question of interpretation
under Article 68(3) of the EC Treaty shall be served on the
Commission and the Member States if the request is submitted
by the Council, on the Council and the Member States if the
request is submitted by the Commission and on the Council,
the Commission and the other Member States if the request is
submitted by a Member State.

1.
In the case of disputes between Member States as referred
to in Article 35(7) of the Union Treaty, the matter shall be
brought before the Court by an application by a party to the
dispute. The application shall be served on the other Member
States and on the Commission.

In the case of disputes between Member States and the
Commission as referred to in Article 35(7) of the Union Treaty,
the matter shall be brought before the Court by an application
by a party to the dispute. The application shall be served on
the other Member States, the Council and the Commission if
it was made by a Member State. The application shall be served
on the Member States and on the Council if it was made by
the Commission.

The President shall prescribe a time-limit within which the
institutions and the Member States on which the application
has been served are to submit their written observations.

As soon as the application referred to in paragraph 1 has
2.
been submitted,
the President shall designate the Judge-
Rapporteur. The First Advocate General shall thereupon assign
the application to an Advocate General.

The President shall prescribe a time-limit within which the
institutions and the Member States on which the request has
been served are to submit their written observations.

3.
The Court shall, after the Advocate General has delivered
his Opinion, give its ruling on the dispute by way of judgment.

As soon as the request referred to in paragraph 1 has
2.
been submitted,
the President shall designate the Judge-
Rapporteur. The First Advocate General shall thereupon assign
the request to an Advocate General.

The procedure relating to the application shall include an oral
part where a Member State or one of the institutions referred
to in paragraph 1 so requests.

The Court shall, after the Advocate General has delivered
3.
his Opinion, give its decision on the request by way of
judgment.

4.
The same procedure shall apply where an agreement
concluded between the Member States confers jurisdiction on
the Court to rule on a dispute between Member States or
between Member States and an institution.

1.2.2000

EN

Official Journal of the European Communities

C 34/33

TITLE IV

APPEALS AGAINST DECISIONS OF THE COURT OF FIRST INSTANCE

Article 110

Article 113

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.

Article 111

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.

2.
The Registry of the Court of First Instance shall immedi-
ately 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 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.

The subject-matter of the proceedings before the Court

2.
of First Instance may not be changed in the appeal.

Article 114

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.

1.

An appeal shall contain:

Article 115

(a)

the name and address of the appellant;

(b)

the names of the other parties to the proceedings before
the Court of First Instance;

(c)

the pleas in law and legal arguments relied on;

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.

(d)

the form or order sought by the appellant.

2.

A response shall contain:

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

(a)

the name and address of the party lodging it;

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.

(b)

the date on which notice of the appeal was served on
him;

(c)

the pleas in law and legal arguments relied on;

(d)

the form of order sought by the respondent.

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

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

C 34/34

EN

Official Journal of the European Communities

1.2.2000

Article 116

Article 120

1.

A response may seek:

— 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.

The subject-matter of the proceedings before the Court

2.
of First Instance may not be changed in the response.

Article 117

The appeal and the response may be supplemented by a
1.
reply and a rejoinder where the President, on application made
by the appellant within seven days of service of the response,
considers such further pleading necessary and expressly allows
the submission of a reply in order to enable the appellant to
put forward his point of view or in order to provide a basis for
the decision on the appeal. The President shall prescribe the
date by which the reply is to be submitted and, upon service
of that pleading, the date by which the rejoinder is to be
submitted.

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.

the submission of pleadings as provided for

in
After
Article 115(1) and, if any, Article 117(1) and (2) of these
Rules, the Court, acting on a report from the Judge-Rapporteur
and after hearing the Advocate General and the parties, may
decide to dispense with the oral part of the procedure unless
one of the parties submits an application setting out the
reasons for which he wishes to be heard. The application shall
be submitted within a period of one month from notification
to the party of the close of the written procedure. That period
may be extended by the President.

Article 121

The report referred to in Article 44(2) shall be presented to the
Court after the pleadings provided for in Article 115(1) and
where appropriate Article 117(1) and (2) of these Rules have
been lodged. Where no such pleadings are lodged, the same
procedure shall apply after the expiry of the period prescribed
for lodging them.

Article 122

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.

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.

Article 118

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

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.

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 119

Article 123

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

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).

1.2.2000

EN

Official Journal of the European Communities

C 34/35

TITLE V

PROCEDURES PROVIDED FOR BY THE EEA AGREEMENT

Article 123a

1.
In the case governed by Article 111(3) of the EEA
Agreement, () 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 Surveillance Authority and,
where appropriate, on the other persons to whom a reference
for a preliminary ruling raising the same question of interpret-
ation 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 served may submit written observations.

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

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.

The decision of the Court, signed by the President, by
3.
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.

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 Auth-
ority 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.

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.

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 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.
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.

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.

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

Article 125

Subject to the provisions of Article 245 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:

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

(a)

letters rogatory;

C 34/36

EN

Official Journal of the European Communities

1.2.2000

(b)

applications for legal aid;

Article 126

(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.

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

Article 125a

Article 127

The Court may issue practice directions relating in particular
to the preparation and conduct of the hearings before it and
to the lodging of written statements of case or written
observations.

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

1.2.2000

EN

Official Journal of the European Communities

C 34/37

ANNEX

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 2

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

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.