Amendments to the Instructions to the Registrar of the Court of First Instance of 29 March 2001
Date: 2001-03-29
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, administrative procedure, member of the Court of Justice (EU), operation of the Institutions, rules of procedure

L 119/2

EN

Official Journal of the European Communities

27.4.2001

AMENDMENTS TO THE INSTRUCTIONS TO THE REGISTRAR OF THE COURT OF FIRST
INSTANCE

of 29 March 2001

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNI-
TIES,

On a proposal from the President of the Court of First Instance,

Having regard to the Rules of Procedure adopted on 2 May
1991, as last amended on 6 December 2000, and in particular
Article 23 thereof,

HAS ADOPTED THE FOLLOWING AMENDMENTS TO THE
INSTRUCTIONS TO THE REGISTRAR:

1.

2.

3.

4.

5.

Article 1

(Does not concern the English language version).

(Does not concern the English language version).

In Article 3(3), the words ‘in the margin’ shall be replaced
by the word ‘therein’.

The following second subparagraph shall be added to
Article 3(3):

‘If the register is kept in electronic form, it shall be set up
and maintained in such a way that no registration can be
deleted therefrom and that following any amendment or
rectification the original entry is preserved.’

The second sentence of the second subparagraph of
Article 3(4) shall be replaced by the following:

‘This note shall be in the language of the case. The note
made on the original of the procedural document shall
be signed by the Registrar.’

The second sentence of Article 5(2) shall be deleted.

In the first sentence of Article 6(1), after the words ‘Rules
of Procedure’, there shall be inserted: ‘, with any practice
directions adopted by the Court of First Instance’.

In the first subparagraph of Article 6(3), the words
‘Article 10(3) of these Instructions, concerning the use of
facsimile transmission’ shall be replaced by the words
‘Article 43(6) of
the Rules of Procedure, as to the
lodgment of documents by telefax or other technical
means of communication’.

6. Article 9 shall be replaced by the following:

‘Article 9

Service

Service shall be effected,

1.
in accordance with
Article 100(1) of the Rules of Procedure, either by the
dispatch by registered post, with a form for acknowledg-
ment of receipt, of a certified copy of the original of the
document to be served or by personal delivery of such
copy to the addressee against a receipt. If need be, the
certified copy shall be prepared by the Registrar.

The copy of the document shall be accompanied by a
letter specifying the case number, the register number
and a brief indication of the nature of the document. The
signed original of that letter shall be kept on the case-file.

2.
If the addressee concerned has an address for
service in Luxembourg, documents shall be served on the
person authorised to accept service.

Where, contrary to Article 44(2) of the Rules of Pro-
cedure, a party has failed to state an address for service in
Luxembourg and has not agreed to the dispatch to him
of notifications by telefax or other technical means of
communication, service shall be effected by the posting
in Luxembourg of a registered letter addressed to the
lawyer or agent of the party concerned.

3.
Where, in accordance with the second subpara-
graph of Article 44(2), a party has consented to the
dispatch to him of notifications by telefax or other
technical means of communication, service shall be
effected, in accordance with Article 100(2) of the Rules
of Procedure, by the means or one of the means so
indicated.

However,
judgments and orders of the Court of First
Instance and documents which cannot, for technical
reasons or on account of their nature or length, be
transmitted by those means shall be served in accordance
with paragraph 1 above. Where the addressee has not
designated an address for service in Luxembourg, he shall
be informed of such service by the transmission by telefax
or other technical means of communication of a copy of
the letter accompanying the document to be served and
drawing his attention to the provisions of the second
subparagraph of Article 100(2) of the Rules of Procedure.

27.4.2001

EN

Official Journal of the European Communities

L 119/3

4.
The form for acknowledgment of receipt, the
receipt, the proof of posting of the registered letter in
Luxembourg or a document establishing the dispatch by
telefax or other technical means of communication shall
be kept in the case-file together with the copy of the letter
addressed to the person upon whom service was to be
effected.

9.

In Article 18(1), after the words ‘a copy’, there shall be
inserted the words ‘of the practice directions adopted by
the Court and’.

In Article 18(3), after the words ‘Rules of Procedure’,
there shall be inserted: ‘, pursuant to practice directions
adopted by the Court’.

5.
If, owing to the length of a document, only one
copy is annexed to a procedural document lodged by a
party or if, for other reasons, copies of a document or an
object lodged at the Registry cannot be forwarded to the
parties, the Registrar shall inform the parties accordingly
and indicate to them that
the document or object
in question is available to them at the Registry for
inspection.’

Article 2

These amendments to the Instructions to the Registrar, which
are authentic in the languages referred to in Article 36(2) of
the Rules of Procedure, shall be published in the Official Journal
of the European Communities.

They shall enter into force on the day following their
publication.

7. Article 10(3) shall be deleted.

Done at Luxembourg, 29 March 2001.

8.

In Article 11(1), the words ‘facsimile transmission’ shall
be replaced by the words ‘telefax transmission or other
technical means of communication’.

Registrar

H. JUNG

President

B. VESTERDORF