Proposal for a Council Decision establishing the European Civil Service Tribunal
Date: 2003-10-19
Institutions: European Commission
Subjects: Court of Justice of the European Union, European civil service, action by staff, jurisdiction, labour tribunal, operation of the Institutions

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.11.2003
COM(2003) 705 final

2003/0280 (CNS)

Proposal for a

COUNCIL DECISION

establishing the European Civil Service Tribunal

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Nice Treaty inserted a new Article 225a in the EC Treaty and a new Article 160 in the
Euratom Treaty, reading as follows:

“The  Council,  acting  unanimously  on  a  proposal  from  the  Commission  and  after  consulting  the
European  Parliament  and  the  Court  of  Justice  or  at  the  request  of  the  Court  of  Justice  and  after
consulting  the  European  Parliament  and  the  Commission,  may  create  judicial  panels  to  hear  and
determine at first instance certain classes of action or proceeding brought in specific areas.

The decision establishing a judicial panel shall lay down the rules on the organisation of the panel and
the extent of the jurisdiction conferred upon it.

Decisions given by judicial panels may be subject to a right of appeal on points of law only or, when
provided for in the decision establishing the panel, a right of appeal also on matters of fact, before the
Court of First Instance.

The members of the judicial panels shall be chosen from persons whose independence is beyond doubt
and who possess the ability required for appointment to judicial office. They shall be appointed by the
Council, acting unanimously.

The  judicial  panels  shall  establish  their  Rules  of  Procedure  in  agreement  with  the  Court  of  Justice.
Those Rules shall require the approval of the Council, acting by a qualified majority.

Unless  the  decision  establishing  the  judicial  panel  provides  otherwise,  the  provisions  of  this  Treaty
relating to the Court of Justice and the provisions of the Statute of the Court of Justice shall apply to
the judicial panels.”

Articles 245 EC and 160 Euratom further provide (second paragraph) that:

“The  Council,  acting  unanimously  ...  at  the  request  of  the  Commission  and  after  consulting  the
European  Parliament  and  the  Court  of  Justice,  may  amend  the  provisions  of  the  Statute,  with  the
exception of Title I.”

2. By Declaration No 16 on Article 225a of the EC Treaty, adopted on 26 February 2001 at
Nice, the Conference asked the Court of Justice and the Commission "to prepare as swiftly as
possible  a  draft  decision  establishing  a  judicial  panel  which  has  jurisdiction  to  deliver
judgments at first instance on disputes between the Community and its servants”.

3. The new  judicial panel to  be  established  under  the  above  provisions  and  declaration  will
exercise  the  jurisdiction  currently  exercised  by  the  Court  of  First  Instance  in  staff  matters.
This  proposal  accordingly  incorporates  the  relevant  provisions  of  Decision  88/591/ECSC,
EEC,  Euratom  establishing  a  Court  of  First  Instance  of  the  European  Communities,1  now
reproduced in the Protocol on the Statute of  the Court of  Justice  annexed  to  the  Union,  EC
and Euratom Treaties.

1

OJ L 319, 25.11.1988.

2

                                                
4. Proposed changes

Certain amendments have been made to the Decision establishing the Court of First Instance
(CFI) to reflect the specific features of civil-service litigation and experience gained here.

Number of judges

The number of judges proposed here - six - matches the caseload currently represented for the
CFI by this type of case, running at about 120 a year (cf. p. 10, commentary on Article 2).

Judicial appointment procedure

Since  the  new  judicial  panel,  unlike  the  Court  of  Justice  and  the  CFI,  will  not  consist  of  a
judge from each Member State and is in any case a specialised tribunal, there is a need for an
appointment  procedure  to  facilitate  decision-making  by  the  Council  (cf.  pp.  10  and  11,
commentary on Articles 2 and 3).

Function of Advocate-General

This  proposal  does  not  take  over  Article  49  of  the  Statute  of  the  Court  of  Justice,  whereby
judges of the CFI can be called on to exercise the functions of Advocate-General.

As it happens the CFI has made use of this possibility only in two or three competition cases
in its early years. Experience has shown that there is no need for an Advocate-General in this
type of litigation, especially as there is to be another court at a higher level.

Moreover, under Article 225(2) of the EC Treaty, judgments given by the CFI on appeal from
the new judicial panel are amenable to review by the Court of Justice on a motion by its first
Advocate-General.2

2

A proposal to amplify the Statute of the Court of Justice accordingly is in the process of adoption by the
Court of Justice.

3

                                                
Judge sitting alone

It is proposed that this form of composition should not be provided for, although it is allowed
by Article 50 of the Statute of the Court of Justice, as the new tribunal will be a novel court
that  will  have  to  assert  its  authority.  Provision  was  made  for  judges  to  sit  alone  in  the  CFI
only in 1999, eleven years after its establishment.

Procedural simplifications

Certain  procedural  simplifications  are  provided  for  to  improve  the  timeliness  of  judgments
while respecting the parties' right to a hearing.

The new tribunal may decide whether it is necessary for statements of reply and rejoinders to
be deposited and may decide  to refrain from  hearing oral  arguments  where it considers that
the four written pleadings give it sufficient information.

Provision is also made for the tribunal to examine the possibilities for settling the dispute on
an amicable basis at any stage of the procedure (cf. p.14, commentary on Article 7).

Settlement of costs

It is proposed to align the settlement of costs on the rules applicable to all  disputes brought
before Community courts.

5. This proposal makes no provision for the remuneration of judges.

Articles 210 EC and 123  Euratom state: “The  Council  shall,  acting  by  a  qualified  majority,
determine  the  salaries,  allowances  and  pensions  of  the  President  and  Members  of  the
Commission, and of the President, Judges, Advocates-General and Registrar of the Court of
Justice and of the Members and Registrar of the Court of First Instance....".

As Articles 225a EC and 140b Euratom do not derogate from these provisions, it is not for the
Commission to make proposals on these matters.

When  the  CFI  was  established,  the  Council  inserted3  a  new  Article  21a  in  Regulation  No
422/67/EEC, No 5/67/Euratom of 25 July 1967 determining the emoluments of the President
and  members  of  the  Commission  and  of  the  President,  Judges,  Advocates-General  and
Registrar of the Court of Justice4, and the percentages provided for there could be adapted for
the president and judges of the new tribunal.

3

4

Regulation No 4045/88, 19.12.1988, OJ L 356, 24.12.1988.
OJ P 187, 8.08.1967, p. 1

4

                                                
6. Detailed article-by-article commentary on this proposal

The proposal consists of a decision and an annex. The decision contains four articles:

i) Article 1 provides for the establishment of the tribunal.

ii) Article 2 inserts a new Title VI in the Statute of the Court of Justice, as well as an Annex I,
the text of which is set out in annex to the proposal for a decision,

iii) Article 3 contains transitional provisions.

iv) Article 4 provides for the entry into force of the Council Decision.

See the detailed article-by-article commentary on the decision (point 7 below) and on Annex I
to the Court Statutes (point 8 below).

To  make  this  detailed  commentary  easier  to  read,  the  articles  to  which  the  comments  refer
have been reproduced in points 7 and 8 of this explanatory memorandum.

5

7. Detailed article-by-article commentary on the proposal for a decision

Article 1
Establishment of the judicial panel

A  judicial  panel  shall  be  attached  to  the  Court  of  First  Instance  of  the  European
Communities to hear disputes involving the European civil service and shall be known as
the “European Civil Service Tribunal”. The European Civil Service Tribunal shall have its
headquarters at the Court of First Instance.

Commentary

i) The word “attached” is taken from the second paragraph of Article 220 of the Treaty. It also
corresponds to the formulation in Article 1 of Council Decision 88/591//ECSC, EEC, Euratom of
24  October  1988  establishing  a  Court  of  First  Instance  (“CFI”)  (OJ  L  319,  25.11.1988,  p.  1),
itself taken over from the former Article 168a.

ii) The name “European Civil Service Tribunal” is loosely based on the Convention's principle of
departing  from  the  Treaty  term  “judicial  panels”  (Articles  I-28(1)  and  III-264  of  the  draft
Constitution  (CONV  850/03, 18.7.2003)  mention specialised courts)  and  going  a  stage further;
since  such specialised courts are commonly  called tribunals in  English,  it  is  proposed  that  this
body be so called.

In its Final Report dated 25 Match 2003 (CONV 636/03- Cercle I-13, point 15), the Convention
Working Circle on the Court of Justice stated that:

“The current name could stand. This would not prevent these panels being called "courts", as in
the  case  of  the  "Community  Patent  Court",  in  accordance  with  the  political  agreement  in  the
Council on 3 March 2003. However, it seems preferable to call them "specialised courts". That
name would have the advantage of avoiding confusion in certain languages with the "chambres"
for certain specific cases, which might be set up within the Court (or the CFI), as is the case in
Member States' supreme courts.”

iii) Under Article 1 of the Decision of 12 December 1992 on the headquarters of the institutions,
the Court of Justice and the Court of First Instance are based in Luxembourg.

6

Article 2
Amendments to the Statute of the Court of Justice

The Protocol on the Statute of the Court of Justice shall be amended as follows:

1) The following Title VI shall be added:

“Title VI

JUDICIAL PANELS

Article 65

The provisions relating to the jurisdiction, composition, organisation and procedure of the
judicial panels established under Articles 225a of the EC Treaty and 140b of the Euratom
Treaty are set forth in an Annex to this Statute.”

2) Annex I, as set out in annex to this Decision, is added.

Commentary

Annex I contains provisions relating to the tribunal's jurisdiction, composition, organisation and
procedure.  Placing  all  these  provisions  in  an  annex  to  the  Statute  of  the  Court  of  Justice
combines  all  the  provisions  concerning  the  Community  courts  in  a  single  instrument  without
disrupting  overall  readability.  Other  annexes  could  then  follow  if  the  Council  decided  to
establish further judicial panels in the future.

Article 3
Transitional provisions

1. The first President of the Civil Service Tribunal shall be appointed for three years in the
same manner as its judges, unless the Council decides that the procedure laid down in the
first paragraph of Article 4 of Annex I to the Statute of the Court of Justice, as attached in
annex to this Decision, shall be applied.

2.  Immediately  after  all  members  of  the  Civil  Service  Tribunal  have  taken  oath,  the
President of the Council shall proceed to choose by lot the members of the Tribunal whose
terms of office are to expire at the end of the first three years in accordance with the second
paragraph of Article 2 of Annex 1 to the Statute of the Court of Justice.

3. Cases referred to in Article 1 of Annex 1 to the Statute of the Court of Justice of which
the Court of First Instance is seised on the date on which that Article enters into force but
in which the written procedure provided for in Article 52 of the Rules of Procedure of the
Court  of  First  Instance  has  not  yet  been  completed  shall  be  referred  back  to  the  Civil
Service Tribunal.

4. Until the entry into force of the rules of procedure of the Civil Service Tribunal, the
Rules of Procedure of the Court of First Instance shall apply mutatis mutandis.

7

Commentary

Paragraph 1

Taken  over  from  the  first  paragraph  of  Article  11  of  Decision  88/591/ECSC,  EEC,  Euratom
establishing the CFI.

Paragraph 2

Taken  over  from  Article  12  of  Decision  88/591  establishing  the  CFI,  except  that  the  partial
renewal  of  the  judges  in  the  Civil  Service  Tribunal  is  not  provided  for  by  the  Treaty  but  by
Article 2 of Annex 1 to the Statute of the Court of Justice, inserted by Article 2 of this Decision.

Paragraph 3

Corresponds to Article 14 of Decision 88/591 establishing the  CFI,  except that it  has been felt
preferable for the jurisdiction of the Tribunal to depend on an objective factor such as the end of
the written procedure rather than a purely internal event in the Court of First Instance such as the
presentation of the preliminary report by the judge rapporteur.

Paragraph 4

Corresponds to the second and third paragraphs of Article 11 of Decision 88/591 establishing the
CFI.

Article 4
Entry into force

This  Decision  shall  enter  into  force  on  the  day  following  its  publication  in  the  Official
Journal of the European Union, with the exception of Article 1 of Annex 1 to the Statute of
the Court of Justice, as set out in annex to this Decision.

Article 1 of Annex 1 to the Statute of the Court of Justice shall enter into force on the day
of  the  publication  in  the  Official  Journal  of  the  European  Union  of  the  Decision  of  the
President  of  the  Court  of  Justice  recording  that  the  Civil  Service  Tribunal  has  been
constituted in accordance with law.

Commentary

Taken over from Article 13 of Decision 88/591 establishing the CFI.

8

8. Detailed article-by-article commentary on Annex I to the Statute of the Court of Justice,
as set out in annex to the proposal for a Decision

Annex I

The European Civil Service Tribunal

Article 1

The European Civil Service Tribunal (the “Civil Service Tribunal”) shall exercise  at first
instance the jurisdiction in disputes between the Communities and their servants referred
to  in  Article  236  of  the  EC  Treaty  and  Article  152  of  the  Euratom  Treaty,  including
disputes between all bodies or agencies and their servants in respect of which jurisdiction is
conferred on the Court of Justice.

Commentary

* The first limb of the sentence corresponds to Article 3(1)(a) of Decision 88/591/ECSC, EEC,
Euratom establishing the CFI.

* The second limb of the sentence covers all staff disputes within the jurisdiction of the Court of
Justice. Examples:

- Article 30 of Decision 2002/187/JAI setting up Eurojust (OJ L 63, 6.3.2002, p.1),

- Article 36(2) of the Protocol on the Statutes of the ESCB and the ECB,

- Article 112 of Regulation (EC) No 40/94 on the Community trademark (OJ L 11, 14.1.1994,
p. 1): staff of the Alicante Office).

9

Article 2

The Civil Service Tribunal shall consist of six judges, appointed for a period of six years by
the Council  from among candidates presented by  the Member  States after  consulting the
committee provided for by Article 3.

Every three years there shall be a partial replacement of the judges. Retiring judges may
be reappointed.

Commentary

i) Number of judges

The proposed number is based on the following considerations:

*  a  three-member  tribunal  would  be  too  small  for  the  current  caseload  (120  or  so  cases  each
year); and it must always be possible to replace a judge who is unable to act;

*  a  five-member  tribunal,  implying  a  permanent  trial  formation  of  five  judges,  would  be
disproportionate  as  staff  cases  are  currently  tried  by  either  a  three-member  bench  or  a  judge
sitting alone;

*  but  the  caseload  is  liable  to  expand  with  the  enlargement-related  increase  in  the  number  of
staff; and

*  account  must  also  be  taken  of  the  suggested  arrangements  for  assistance  to  judges  (cf.
commentary on Article 6 of this Annex.

As matters stand, therefore, the tribunal's caseload and modus operandi would  seem  to call for
two three-member sections, giving a total of six judges.

ii) Renewable term of office of six  years,  as provided by the Treaty  for judges  at the Court of
Justice and the CFI (Articles 223 and 224 of the EC Treaty).

This tried-and-tested formula would be supported by the conclusions of the Convention: cf. Draft
Constitution, Part I, Article I-28(2) (CONV 850/03, 18.7.2003).

iii) Appointment procedure

*  Article  225a  of  the  EC  Treaty  merely  provides  for  judges  to  be  appointed  by  “the  Council,
acting unanimously”. Provision therefore has to be made for the manner in which candidates will
be presented.

* Consultation of a committee would seem to be a proper way of facilitating decision-making in
the Council (cf. commentary on Article 3 of this Annex).

10

Article 3

A  committee  shall  be  set  up  to  give  an  opinion  on  candidates'  suitability  to  perform  the
duties of judge at the Civil Service Tribunal before the appointment decision is taken. The
committee  may  append  to  its  Opinion  a  list  of  candidates  having  the  most  suitable  high-
level experience. Such list shall contain the names of twice as many candidates as there are
judges to be appointed by the Council.

The  committee  shall  comprise  seven  persons  chosen  from  among  former  members  of  the
Court  of  Justice  and  the  Court  of  First  Instance  and  lawyers  of  recognised  competence.
The  committee's  membership  and  operating  rules  shall  be  determined  by  the  Council,
acting  by  a  qualified  majority  on  a  recommendation  by  the  President  of  the  Court  of
Justice.

Commentary

This Article is based on the conclusions of the Convention, and is designed to facilitate decision-
making by the Council.

Articles III-260 and III-261 of the draft Constitution, Part III (CONV 850/03, 18.7.2003), provide for the
judges  and  Advocates-General  of  the  Court  of  Justice  and  the  judges  of  the  CFI  to  be  appointed  by
common  accord  of  the  governments  of  the  Member  States  after  consulting  the  panel  provided  for  in
Article III-262.

Article III-262 reads:

“A  panel  shall  be  set  up  in  order  to  give  an  opinion  on  candidates'  suitability  to  perform  the  duties  of
Judge and Advocate-General of the European Court of Justice and the High Court before the governments
of the Member States take the decisions referred to in Articles III-260 and III-261.

The panel shall comprise seven persons chosen from among former members of the European Court of
Justice and the High Court, members of national supreme courts and lawyers of recognised competence,
one  of  whom  shall  be  proposed  by  the  European  Parliament.  The  Council  of  Ministers  shall  adopt  a
European  decision  establishing  the  panel's  operating  rules  and  a  European  decision  appointing  its
members. It shall act on the initiative of the President of the European Court of Justice.”

The departures from the text of the draft Constitution are the following:

i) the possibility for the committee to append to its opinion a list of candidates having the most
suitable experience.

This  could  facilitate  decision-making  by  the  Council  since  the  number  of  Member  States  far
exceeds the number of judges at the tribunal and the task in any event is to appoint members of a
specialised court;

ii) the committee's membership is slightly modified: it would no longer  contain members from
national  supreme  courts  or  members  designated  by  the  European  Parliament,  since  it  is
specialised litigation that is being provided for.

11

Article 4

1.  The  judges  shall  elect  the  President  of  the  Civil  Service  Tribunal  from  among  their
number for a term of three years. He may be re-elected.

2. The Civil Service Tribunal shall sit in sections of three judges. It may,  in  certain  cases
determined by its Rules of Procedure, sit in a section of five judges.

3. The President of the Civil Service Tribunal shall preside over the section of five judges
and  one  of  the  two  sections  of  three  judges.  The  President  of  the  other  section  of  three
judges shall be designated as provided by paragraph 1.

4. The composition of the sections and the assignment of cases to them shall be governed by
the rules of procedure.

Commentary

Paragraph 1

Formulation corresponding to the third paragraph of Articles 223 and 224 of the EC Treaty; cf.
Article 2(2) of Decision 88/591/ECSC, EEC, Euratom.

NB: since the judges at the new tribunal will not know each other, it is provided (p. 18, Article
3(1)) that when the Tribunal is established the President will be appointed by the Council, as was
done when the CFI was established.

Paragraph 2

Formulation based on Article 50 of the Statute of the Court of Justice, the section of five judges
replacing the plenary court for present purposes.

Paragraph 3

Corresponds to practice at the Court of Justice and the CFI: the President of a  section  of three
judges also presides over the extended five-judge formation.

Paragraph 4

Formulation corresponding to the second paragraph of Article 50 of the Statute of the Court of
Justice.

12

Article 5

The judges of the Civil Service Tribunal shall be independent. They may not be bound by
instructions. Articles 2 to 7, 14 and 15, the first, second and fifth paragraphs of Article 17
and  Article  18  of  the  Statute  of  the  Court  of  Justice  shall  apply  to  the  Civil  Service
Tribunal and its members.

The oath referred to in Article 2 of the Statute shall be taken before the Court of Justice,
and the decisions referred to in Articles 3, 4 and 6 shall be adopted by that Court of Justice
after consulting the Civil Service Tribunal.

Commentary

i) formulation corresponding to the first paragraph of Article 47 of the Statute of the Court of
Justice (enumerating the provisions of the Statute that apply to the CFI and its members).

The following have been left out of the enumeration in Article 47:

- Article 8, which states that the provisions of Articles 2 to 7 shall apply to the Advocates-General;

- the fourth paragraph of Article 17, determining the quorum where the Court of Justice or CFI sit in full
court or plenary formation of 15 judges.

ii) the oath and decisions on the status of judges at the Civil Service Tribunal remain in the
hands of the Court of Justice as the supreme court.

The fact that the Nice Treaty  gives the  CFI  a  new  role  and  status  (jurisdiction  to  hear  appeals
from the judicial panels attached to it) should have hierarchical consequences only in relation to
the actual courts themselves.

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Article 6

1. The Civil Service Tribunal shall be supported by the administrative departments of the
Court of Justice and the Court of First Instance. The President of the Court of Justice or,
in  appropriate  cases,  the  President  of  the  Court  of  First  Instance,  shall  determine  by
common  accord  with  the  president  of  the  Civil  Service  Tribunal,  the  conditions  under
which  officials  and  other  servants  attached  to  the  Court  of  Justice  or  the  Court  of  First
Instance shall render their services to the Civil Service Tribunal to enable it to function.

2. The Civil Service Tribunal shall appoint its Registrar and lay down the rules governing
his service. The fourth paragraph of Article 3 and Articles 10, 11 and 14 of the Statute of
the Court of Justice shall apply to the Registrar of the Tribunal.

Commentary

Paragraph 1

Corresponds to Article 52 of the Statute of the Court of Justice, except for the first sentence of
paragraph 1, which is added to clarify  the administrative relationship  with the  Court  of  Justice
and the Court of First Instance.

Paragraph 2

Corresponds to the provisions for the Registrar of the CFI: fourth paragraph of Article 224 of the
EC Treaty and second paragraph of Article 47 of the Statute of the Court of Justice.

Regarding  staff  made  available  to  the  Civil  Service  Tribunal,  it  is  proposed  that  a  formulation
rather like that used for the CFI when it was set up to handle specialised litigation (trademarks
and  competition)  be  applied.  There  were  two  teams  of  three  legal  assistants  specialising  in
competition  law  and  trademark  law,  administratively  attached  to  the  President  of  the  CFI  but
available to help every judge rapporteur with cases within their specialisms.

The judges at the Civil Service Tribunal would consequently not have their personal staff, with
two or three law clerks for each judge as at the Court of Justice or the CFI, but would be assisted
by a group of four lawyers (grades A6 to A3) specialising in the Community civil service. Two
secretarial posts could be assigned to the team, the judges each also having their own secretariat.

It will be necessary to check with the Court of Justice and the CFI: whether:

* the formulation “by common accord with the President of the Court of Justice or the President
of the CFI”, used in the CFI Decision, can be taken over in this way for the presidents of judicial
panels, bearing in mind that other such panels will be attached to the CFI in the future; and

* if so, how the Court would give effect to the formula in practice.

14

Article 7

1.  The  procedure  before  the  Civil  Service  Tribunal  shall  be  governed  by  Title  III  of  the
Statute of the Court of Justice, with the exception of Articles 22 and 23. Such further and
more detailed provisions as may be necessary shall be laid down in the rules of procedure.

2. Without prejudice to Article 40 of the Statute of the Court of Justice, the written stage of
the  procedure  shall  comprise  the  presentation  of  the  application  and  of  the  statement  of
defence,  unless  the  Civil  Service  Tribunal  decides  that  a  second  exchange  of  written
pleadings  is  necessary.  Where  there  is  such  second  exchange,  the  Civil  Service  Tribunal
may, after hearing the parties, decide to proceed to judgment without an oral procedure.

3. At all stages of the procedure, including the time when the application is filed, the Civil
Service  Tribunal  shall  examine  the  possibilities  of  an  amicable  settlement  of  the  dispute
and shall be at pains to facilitate such settlement.

4.  The  European  Civil  Service  Tribunal  shall  rule  on  the  costs  of  a  case.  Subject  to  the
specific provisions of the Rules of Procedure, the unsuccessful party shall be ordered to pay
the costs should the court so decide.

Commentary

Paragraph 1

First sentence

Taken  over  from  Decision  88/591/ECSC,  EEC,  Euratom  establishing  the  CFI  (Article  5,
inserting  Article  46  in  the  EC  Statute  of  the  Court  of  Justice)  and  reproduced  in  the  first
paragraph of Article 53 of the Statute.

NB: the change made to Article 53 of the Statute of the Court of Justice - in comparison with the former
Article 46 - is due to the fact that the CFI will in future also exercise preliminary ruling jurisdiction.

Second sentence

Corresponds to the second paragraph of Article 53 of the Statute.

Paragraph 2

First sentence

The aim is to lighten the procedure and settle disputes  rapidly where the  documentation is full
enough  to  allow  the  parties  to  develop  their  arguments  at  the  hearing.  Unlike  the  Rules  of
Procedure of the Court of Justice (Articles 41(1) and 117(1)) and the CFI (Article 47(1)), under
which  replies  and  rejoinders  are  deposited  primarily  if  the  parties  so  wish,  the  Civil  Service
Tribunal is given the power to determine whether supplementary pleadings are actually needed
or whether it can move straight on to the oral procedure.

Second sentence

The  Civil  Service  Tribunal  must  have  the  possibility  of  refraining  from  holding  a  full  hearing
where  it  feels  it  has  adequate  information  on  the  dispute  after  the  four  written  pleadings  have
been deposited.

Paragraph 3

The Civil Service Tribunal will also have the task of exploring every possibility of coming to an
amicable settlement of the dispute.

15

Paragraph 4

Corresponds to the provisions of Article 38 of the Statute, Article 87 of the Rules of Procedure
of the Court of First Instance and Article 69 of the Rules of Procedure of the Court of Justice.

Article 8

1.  Where  an  application  or  other  procedural  document  addressed  to  the  Civil  Service
Tribunal is lodged by mistake with the Registrar of the Court of First Instance, it shall be
transmitted immediately by that Registrar to  the Registrar of  the Civil Service  Tribunal;
likewise,  where  an  application  or  other  procedural  document  addressed  to  the  Court  of
First Instance is lodged by mistake with the Registrar of the Civil Service Tribunal, it shall
be  transmitted  immediately  by  that  Registrar  to  the  Registrar  of  the  Court  of  First
Instance.

2.  Where  the  Civil  Service  Tribunal  finds  that  it  does  not  have  jurisdiction  to  hear  and
determine an action in respect of which the Court of First Instance has jurisdiction, it shall
refer that action to the Court of First Instance; likewise, where the Court of First Instance
finds that an action falls within the jurisdiction of the Civil Service Tribunal, it shall refer
that  action  to  the  Civil  Service  Tribunal,  whereupon  that  Tribunal  may  not  decline
jurisdiction.

3. Where the Civil Service Tribunal and the Court of First Instance are seised of cases in
which the same relief is sought, the same issue of interpretation is raised or the validity of
the same act is called in question, the Civil Service Tribunal may, after hearing the parties,
stay  the  proceedings  before  it  until  such  time  as  the  Court  of  First  Instance  shall  have
delivered judgment.

Commentary

These three paragraphs correspond to the three paragraphs of Article 54 of the Statute (ex Article
47, cf. Article 7 of Decision 88/591/ECSC, EEC, Euratom establishing the CFI).

Article 9

An  appeal  may  be  brought  before  the  Court  of  First  Instance,  within  two  months  of  the
notification  of  the  decision  appealed  against,  against  final  decisions  of  the  Civil  Service
Tribunal and decisions of that Tribunal disposing of the substantive issues in part only or
disposing of a procedural issue concerning a plea of lack of jurisdiction or inadmissibility.

Such an appeal may be brought by any party which has been unsuccessful, in whole or in
part,  in  its  submissions.  Only  parties  intervening  in  the  dispute  before  the  Civil  Service
Tribunal may appeal to the Court of  First Instance.  However,  interveners other  than the
Member  States  and  the  institutions  of  the  Communities  may  bring  such  an  appeal  only
where the decision of the Civil Service Tribunal directly affects them.

Commentary

Reproduces the relevant provisions of Article 56 of the Statute of the Court of Justice.

16

Article 10

1.  Any  person  whose  application  to  intervene  has  been  dismissed  by  the  Civil  Service
Tribunal may appeal to the Court of First Instance within two weeks from the notification
of the decision dismissing the application.

2.  The  parties  to  the  proceedings  may  appeal  to  the  Court  of  First  Instance  against  any
decision of the Civil Service Tribunal made pursuant to  Article 242  or Article 243  or  the
fourth paragraph of Article 256 of the EC Treaty or Article 157 or Article 158 or the third
paragraph of Article 164 of the EAEC Treaty within two months from their notification.

3. The President of the Civil Service Tribunal may, by way of summary procedure, which
may,  in  so  far  as  necessary,  differ  from  some  of  the  rules  contained  in  this  Annex  and
which  shall  be  laid  down  in  the  rules  of  procedure,  adjudicate  upon  appeals  brought  in
accordance with paragraphs 1 and 2 of this Article.

Commentary

Corresponds  to  the  three  paragraphs  of  Article  57  of  the  Statute  of  the  Court  of  Justice.
Paragraph 3 is taken over from Article 39 of the Statute, to which the third paragraph of Article
57 refers.

Article 11

1. An appeal to the Court of First Instance shall be limited to points of law. It shall lie on
the  grounds  of  lack  of  jurisdiction  of  the  Civil  Service  Tribunal,  a  breach  of  procedure
before it which adversely affects the interests of the appellant as well as the infringement of
Community law by the Tribunal.

2. No appeal shall lie regarding only  the amount of the costs or the party  ordered to pay
them.

Commentary

Paragraphs 1 and 2

Correspond to the two paragraphs of Article 58 of the Statute of the Court of Justice, reproduced
here given that the third paragraph of Article 225a of the Treaty provides for the possibility of
appeals on points of law or on points of law and fact.

17

Article 12

1. Without prejudice to Articles 242 and 243 of the EC Treaty or Articles 157 and 158 of
the EAEC Treaty, an appeal shall not have suspensory effect.

2.  Where  an  appeal  is  brought  against  a  decision  of  the  Civil  Service  Tribunal,  the
procedure  before  the  Court  of  First  Instance  shall  consist  of  a  written  part  and  an  oral
part. In accordance with conditions laid down in the rules of procedure, the Court of First
Instance, having heard the parties, may dispense with the oral procedure.

Commentary

Paragraph 1

Corresponds to Article 60 of the Statute of the Court of Justice.

Paragraph 2

Corresponds to Article 59 of the Statute of the Court of Justice.

Article 13

1. If the appeal is well founded, the Court of First Instance shall quash the decision of the
Civil Service Tribunal.  It may itself give final judgment  in the  matter, where  the state  of
the proceedings so permits, or refer the case back to the Tribunal for judgment.

2. Where a case is referred back to the Civil Service Tribunal, the Tribunal shall be bound
by the decision of the Court of First Instance on points of law.

Commentary

Paragraph 1

Corresponds  to  the  first  paragraph  of  Article  61  of  the  Statute  of  the  Court  of  Justice,  but
clarifies it to avoid situations where the Court of First Instance refers the case back to the Civil
Service Tribunal when the case is ready for trial, as this would be a source of pointless delay.

Paragraph 2

Corresponds to the second paragraph of Article 61 of the Statute of the Court of Justice.

18

2003/0280 (CNS)

Proposal for a

COUNCIL DECISION

establishing the European Civil Service Tribunal

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  Articles
225a and 245 thereof,

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in
particular Articles 140b and 160 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the Court of Justice,

Having regard to the opinion of the European Parliament,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Article  225a  of  the  EC  Treaty  and  Article  140b  of  the  Euratom  Treaty  empower  the
Council to create judicial panels to hear and determine at first instance certain classes of
action  or  proceeding  brought  in  specific  areas  and  to  lay  down  the  rules  on  the
organisation of the panel and the extent of the jurisdiction conferred upon it.

The establishment of a specific judicial panel to exercise jurisdiction at first instance in
European  civil  service  disputes,  currently  within  the  jurisdiction  of  the  Court  of  First
Instance of the European Communities, would improve the operation of the Community
courts system. It answers the call made in Declaration No 16 relating to Article 225a of
the EC Treaty, adopted when the Treaty of Nice was signed.

A judicial panel should accordingly be attached to the Court of First Instance, that shall
for institutional and organisational purposes be an integral part of the Court of Justice an
institution  with  members  enjoying  a  similar  status  to  members  of  the  Court  of  First
Instance.

The new judicial panel should be given a name that distinguishes it in its trial formations
from the trial formations of the Court of First Instance.

To  make  the  court  system  generally  easy  to  understand,  the  provisions  relating  to  the
judicial panel's jurisdiction, composition, organisation and procedure should be laid down
in an Annex to the Statute of the Court of Justice.

The  number  of  judges  of  the  judicial  panel  should  match  its  caseload.  To  facilitate
decision-making by the Council in the appointment of judges, provision should be made
for  the  Council  to  establish  an  independent  Advisory  Committee  to  verify  that
applications received meet the relevant conditions.

19

(7)

(8)

The judicial panel should try cases by a procedure matching the specific features of the
disputes that are to be referred to it, examining the possibilities for amicable settlement of
disputes at all stages of the procedure.

In  accordance  with  the  third  paragraph  of  Article  225a  of  the  EC  Treaty  and  the  third
paragraph of Article 140b of the Euratom Treaty, appeals may be lodged at the Court of
First  Instance  against  decisions  of  the  judicial  panel  on  points  of  law  only  in  the  same
conditions as those governing appeals lodged at the Court of Justice against decisions of
the Court of First Instance. The relevant provisions of the Statute of the Court of Justice
are reproduced in the Annex to the Statute relating to the judicial panel, to avoid cross-
references that would make the general set of provisions difficult to read.

(9)

Provision  should  be  made  in  this  Decision  for  transitional  arrangements  so  that  the
judicial panel can exercise its functions as soon as it is established,

HAS DECIDED AS FOLLOWS:

Article 1

A  judicial  panel  shall  be  attached  to  the  Court  of  First  Instance  of  the  European
Communities to hear disputes involving the European civil service and shall be known as
the “European Civil Service Tribunal”. The European Civil Service Tribunal shall have its
headquarters at the Court of First Instance.

Article 2

The Protocol on the Statute of the Court of Justice shall be amended as follows:

1) The following Title VI shall be added:

“Title VI

JUDICIAL PANELS

Article 65

The provisions relating to the jurisdiction, composition, organisation and procedure of the
judicial panels established under Articles 225a of the EC Treaty and 140b of the Euratom
Treaty are set forth in an Annex to this Statute.”

2) Annex I, as set out in annex to this Decision, is added.

20

Article 3

1. The first President of the Civil Service Tribunal shall be appointed for three years in the
same manner as its judges, unless the Council decides that the procedure laid down in the
first paragraph of Article 4 of Annex I to the Statute of the Court of Justice, as attached in
annex to this Decision, shall be applied.

2.  Immediately  after  all  members  of  the  Civil  Service  Tribunal  have  taken  oath,  the
President of the Council shall proceed to choose by lot the members of the Tribunal whose
terms of office are to expire at the end of the first three years in accordance with the second
paragraph of Article 2 of Annex 1 to the Statute of the Court of Justice.

3. Cases referred to in Article 1 of Annex 1 to the Statute of the Court of Justice of which
the Court of First Instance is seised on the date on which that Article enters into force but
in which the written procedure provided for in Article 52 of the Rules of Procedure of the
Court  of  First  Instance  has  not  yet  been  completed  shall  be  referred  back  to  the  Civil
Service Tribunal.

4.  Until  the  entry  into  force  of  the  rules  of  procedure  of  the  Civil  Service  Tribunal,  the
Rules of Procedure of the Court of First Instance shall apply mutatis mutandis.

Article 4

This  Decision  shall  enter  into  force  on  the  day  following  its  publication  in  the  Official
Journal of the European Union, with the exception of Article 1 of Annex 1 to the Statute of
the Court of Justice, as set out in annex to this Decision.

Article 1 of Annex 1 to the Statute of the Court of Justice shall enter into force on the day
of  the  publication  in  the  Official  Journal  of  the  European  Union  of  the  Decision  of  the
President  of  the  Court  of  Justice  recording  that  the  Civil  Service  Tribunal  has  been
constituted in accordance with law.

Done at Brussels, […]

For the Council
The President […]

21

Annex I

The European Civil Service Tribunal

ANNEX

Article 1

The European Civil Service Tribunal (the “Civil Service Tribunal”) shall exercise at first
instance the jurisdiction in disputes between the Communities and their servants referred
to  in  Article  236  of  the  EC  Treaty  and  Article  152  of  the  Euratom  Treaty,  including
disputes between all bodies or agencies and their servants in respect of which jurisdiction is
conferred on the Court of Justice.

Article 2

The Civil Service Tribunal shall consist of six judges, appointed for a period of six years by
the Council from  among candidates  presented by  the Member States after  consulting the
committee provided for by Article 3.

Every three years there shall be a partial replacement of the judges. Retiring judges may
be reappointed.

Article 3

A  committee  shall  be  set  up  to  give  an  opinion  on  candidates'  suitability  to  perform  the
duties of judge at the Civil Service Tribunal before the appointment decision is taken. The
committee  may  append  to  its  Opinion  a  list  of  candidates  having  the  most  suitable  high-
level experience. Such list shall contain the names of twice as many candidates as there are
judges to be appointed by the Council.

The  committee  shall  comprise  seven  persons  chosen  from  among  former  members  of  the
Court  of  Justice  and  the  Court  of  First  Instance  and  lawyers  of  recognised  competence.
The  committee's  membership  and  operating  rules  shall  be  determined  by  the  Council,
acting  by  a  qualified  majority  on  a  recommendation  by  the  President  of  the  Court  of
Justice.

22

Article 4

1.  The  judges  shall  elect  the  President  of  the  Civil  Service  Tribunal  from  among  their
number for a term of three years. He may be re-elected.

2. The Civil Service Tribunal shall sit in sections of three judges. It may,  in  certain  cases
determined by its Rules of Procedure, sit in a section of five judges.

3. The President of the Civil Service Tribunal shall preside over the section of five judges
and  one  of  the  two  sections  of  three  judges.  The  President  of  the  other  section  of  three
judges shall be designated as provided by paragraph 1.

4. The composition of the sections and the assignment of cases to them shall be governed by
the rules of procedure.

Article 5

The judges of the Civil Service Tribunal shall be independent. They may not be bound by
instructions. Articles 2 to 7, 14, 15, the first, second and fifth paragraphs of Article 17, and
Article 18  of  the  Statute  of  the  Court  of  Justice  shall  apply  to  the  Civil  Service  Tribunal
and its members.

The oath referred to in Article 2 of the Statute shall be taken before the Court of Justice,
and the decisions referred to in Articles 3, 4 and 6 shall be adopted by that Court of Justice
after consulting the Civil Service Tribunal.

Article 6

1. The Civil Service Tribunal shall be supported by the administrative departments of the
Court of Justice and the Court of First Instance. The President of the Court of Justice or,
in  appropriate  cases,  the  President  of  the  Court  of  First  Instance,  shall  determine  by
common  accord  with  the  president  of  the  Civil  Service  Tribunal,  the  conditions  under
which  officials  and  other  servants  attached  to  the  Court  of  Justice  or  the  Court  of  First
Instance shall render their services to the Civil Service Tribunal to enable it to function.

2. The Civil Service Tribunal shall appoint its Registrar and lay down the rules governing
his service. The fourth paragraph of Article 3 and Articles 10, 11 and 14 of the Statute of
the Court of Justice shall apply to the Registrar of the Tribunal.

23

Article 7

1.  The  procedure  before  the  Civil  Service  Tribunal  shall  be  governed  by  Title  III  of  the
Statute of the Court of Justice, with the exception of Articles 22 and 23. Such further and
more detailed provisions as may be necessary shall be laid down in the rules of procedure.

2. Without prejudice to Article 40 of the Statute of the Court of Justice, the written stage of
the  procedure  shall  comprise  the  presentation  of  the  application  and  of  the  statement  of
defence,  unless  the  Civil  Service  Tribunal  decides  that  a  second  exchange  of  written
pleadings  is  necessary.  Where  there  is  such  second  exchange,  the  Civil  Service  Tribunal
may, after hearing the parties, decide to proceed to judgment without an oral procedure.

3. At all stages of the procedure, including the time when the application is filed, the Civil
Service  Tribunal  shall  examine  the  possibilities  of  an  amicable  settlement  of  the  dispute
and shall be at pains to facilitate such settlement.

4.  The  European  Civil  Service  Tribunal  shall  rule  on  the  costs  of  a  case.  Subject  to  the
specific provisions of the Rules of Procedure, the unsuccessful party shall be ordered to pay
the costs should the court so decide.

Article 8

1.  Where  an  application  or  other  procedural  document  addressed  to  the  Civil  Service
Tribunal is lodged by mistake with the Registrar of the Court of First Instance, it shall be
transmitted immediately by that Registrar to the Registrar of the Civil Service Tribunal;
likewise,  where  an  application  or  other  procedural  document  addressed  to  the  Court  of
First Instance is lodged by mistake with the Registrar of the Civil Service Tribunal, it shall
be  transmitted  immediately  by  that  Registrar  to  the  Registrar  of  the  Court  of  First
Instance.

2.  Where  the  Civil  Service  Tribunal  finds  that  it  does  not  have  jurisdiction  to  hear  and
determine an action in respect of which the Court of First Instance has jurisdiction, it shall
refer that action to the Court of First Instance; likewise, where the Court of First Instance
finds that an action falls within the jurisdiction of the Civil Service Tribunal, it shall refer
that  action  to  the  Civil  Service  Tribunal,  whereupon  that  Tribunal  may  not  decline
jurisdiction.

3. Where the Civil Service Tribunal and the Court of First Instance are seised of cases in
which the same relief is sought, the same issue of interpretation is raised or the validity of
the same act is called in question, the Civil Service Tribunal may, after hearing the parties,
stay  the  proceedings  before  it  until  such  time  as  the  Court  of  First  Instance  shall  have
delivered judgment.

24

Article 9

An  appeal  may  be  brought  before  the  Court  of  First  Instance,  within  two  months  of  the
notification  of  the  decision  appealed  against,  against  final  decisions  of  the  Civil  Service
Tribunal and decisions of that Tribunal disposing of the substantive issues in part only or
disposing of a procedural issue concerning a plea of lack of jurisdiction or inadmissibility.

Such an appeal may be brought by any party which has been unsuccessful, in whole or in
part,  in  its  submissions.  Only  parties  intervening  in  the  dispute  before  the  Civil  Service
Tribunal may  appeal  to the  Court of First  Instance. However,  interveners  other than the
Member  States  and  the  institutions  of  the  Communities  may  bring  such  an  appeal  only
where the decision of the Civil Service Tribunal directly affects them.

Article 10

1.  Any  person  whose  application  to  intervene  has  been  dismissed  by  the  Civil  Service
Tribunal may appeal to the Court of First Instance within two weeks from the notification
of the decision dismissing the application.

2.  The  parties  to  the  proceedings  may  appeal  to  the  Court  of  First  Instance  against  any
decision of the Civil Service Tribunal  made pursuant to  Article 242  or Article 243  or  the
fourth paragraph of Article 256 of the EC Treaty or Article 157 or Article 158 or the third
paragraph of Article 164 of the EAEC Treaty within two months from their notification.

3. The President of the Civil Service Tribunal may, by way of summary procedure, which
may,  in  so  far  as  necessary,  differ  from  some  of  the  rules  contained  in  this  Annex  and
which  shall  be  laid  down  in  the  rules  of  procedure,  adjudicate  upon  appeals  brought  in
accordance with paragraphs 1 and 2 of this Article.

Article 11

1. An appeal to the Court of First Instance shall be limited to points of law. It shall lie on
the  grounds  of  lack  of  jurisdiction  of  the  Civil  Service  Tribunal,  a  breach  of  procedure
before it which adversely affects the interests of the appellant as well as the infringement of
Community law by the Tribunal.

2. No appeal shall lie regarding only the amount of the costs or the party  ordered to pay
them.

25

Article 12

1. Without prejudice to Articles 242 and 243 of the EC Treaty or Articles 157 and 158 of
the EAEC Treaty, an appeal shall not have suspensory effect.

2.  Where  an  appeal  is  brought  against  a  decision  of  the  Civil  Service  Tribunal,  the
procedure  before  the  Court  of  First  Instance  shall  consist  of  a  written  part  and  an  oral
part. In accordance with conditions laid down in the rules of procedure, the Court of First
Instance, having heard the parties, may dispense with the oral procedure.

Article 13

1. If the appeal is well founded, the Court of First Instance shall quash the decision of the
Civil Service  Tribunal. It may itself give final judgment  in the  matter, where  the state  of
the proceedings so permits, or refer the case back to the Tribunal for judgment.

2. Where a case is referred back to the Civil Service Tribunal, the Tribunal shall be bound
by the decision of the Court of First Instance on points of law.

26

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): institutional

Activit(y/ies): Implementation of Treaty of Nice

TITLE OF ACTION: PROPOSAL FOR A COUNCIL DECISION ESTABLISHING THE EUROPEAN CIVIL

SERVICE TRIBUNAL

1.

BUDGET LINE(S) + HEADING(S)

Specific budget line to be inserted in Section IV - Court of Justice

2.

2.1

2.2

2.3

(a)

OVERALL FIGURES

Total allocation for action (Part B): € million for commitment

Period of application

Overall multiannual estimate on expenditure

Schedule of commitment appropriations/payment appropriations (financial intervention)
(see point 6.1.1)

EUR million (to 3rd decimal place)

Year n

n + 1

n + 2

n + 3

n + 4

TOTAL

[n+5
and
subs.
years

Commitments

Payments

(b)

Technical and administrative assistance and support expenditure (see point 6.1.2)

Commitments

Payments

Subtotal a+b

Commitments

Payments

27

(c)

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure
(cf. points 7.2 and 7.3)

Commitments/
payments

TOTAL a+b+c

Commitments

3,145

2,453

2,453 …

Payments

3,145

2,453

2,453 …

2.4

Compatibility with the financial programming and the financial perspective

[X] Proposal is compatible with existing financial programming.

[…] Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial

perspective.

[…] This may entail application of the provisions of the Interinstitutional Agreement.

2.5

Financial impact on revenue:

[X] No financial implications (involves technical aspects regarding implementation of

a measure)

OR

[…] Proposal has financial impact - the effect on revenue is as follows:

EUR million (to one decimal place)

Budget line Returns

Prior to
action
(Year n-
1)

Situation following implementation of action

Year n

n + 1

n + 2

n + 3

n + 4

n+5

a) Revenue in absolute terms

b) Change in revenue

 (cid:1)

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
from applicant
countries

Heading in
financial
perspective

Comp/
Non-comp

Non-diff.

YES

NO

NO

No 5

4.

LEGAL BASIS

Articles  225a  and  245  of  the  EC  Treaty  and  Articles  140b  and  160  of  the  Euratom
Treaty.

28

5.1

Need for Community intervention

5.1.1

Objectives pursued

This proposal for a Council Decision to establish a court of first instance specialising in
civil service disputes is one component of the reform of the court system provided for
by  the  Treaty  of  Nice  (second  paragraph  of  Article  220  and  Article  225a  of  the  EC
Treaty)  to  remedy  the  growing  hold-ups  in  the  Community  courts.  It  answers  the  call
made in Declaration No 16 on Article 225a, adopted at Nice, whereby the Conference
asked the Court of Justice and the Commission "to prepare as swiftly as possible a draft
decision establishing a judicial panel which has jurisdiction to deliver judgments at first
instance on disputes between the Community and its servants”.

Establishing this Tribunal will relieve the Court of First Instance of the caseload in this
area, representing a third of its current load. In accordance with Article 225(2) of the EC
Treaty,  the  role  of  the  Court  of  First  Instance  here  will  henceforth  be  confined  to
hearing appeals against decisions by the new Tribunal, and the Court of Justice will be
involved only in exceptional situations in the procedure for reviewing judgments given
by the Court of First Instance.

5.1.2 Measures taken in connection with ex ante evaluation

The  reform  provided  for  by  the  Nice  Treaty  was  prompted  by  an  Additional
Commission contribution to the Intergovernmental Conference on institutional reform:
Reform of the Community courts (COM(2000) 109 final, 1.3.2000).

5.1.3 Measures taken following ex post evaluation

5.2

Actions envisaged and budget intervention arrangements

The establishment of the new European Civil Service Tribunal mainly entails budgetary
measures enabling it to function. The judges of the Tribunal will need suitable premises
and  proper  support  and  assistance  in  the  exercise  of  their  functions  (registrar,
administrators,  secretariat).  In  accordance  with  Article  220  of  the  EC  Treaty,  the
Tribunal will be attached to the Court of First Instance. It will accordingly call on the
administrative  departments  of  the  Court  of  Justice  and  the  Court  of  First  Instance
(translators,  judgment  readers,  interpreters),  whose  staffing  will  require  adjustment
accordingly.

5.3

Methods of implementation

The necessary staff will be made available to the new Tribunal by the Court of Justice.

29

6.

6.1

FINANCIAL IMPACT

Total financial impact on Part B - (over the entire programming period)

6.1.1

Financial intervention

Commitments in EUR million (to the 3rd decimal place)

Breakdown

Year n

n + 1

n + 2

n + 3

n + 4

TOTAL

n + 5 and
subs.
years

Action 1

Action 2

Etc.

TOTAL

6.1.2

Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure
(commitment appropriations)

Year n

n + 1

n + 2

n + 3

n + 4

TOTAL

n + 5 and
subs.
years

1. 
administrative assistance:

Technical 

and

(a) Technical assistance
offices (TAOs):
(b)  Other 
administrative assistance:

technical  and

- intra muros:
- extra muros:

of  which  for  construction
and 
of
maintenance 
computerised  management
systems:

Subtotal 1

2. Support expenditure:

(a) Studies

(b) Meetings of experts

(c) Information and
publications

Subtotal 2

TOTAL

30

6.2

Calculation of costs by measure envisaged in Part B (over the entire programming
period)

Breakdown

Type of outputs
(projects, files)

1

Commitments (in € million to three decimal places)

Number of
outputs
(total for years
1…n)
2

Average unit
cost

Total cost
(total for years
1…n)

3

4=(2x3)

Action 1

- Measure 1

- Measure 2

Action 2

- Measure 1

- Measure 2

- Measure 3

Etc.

TOTAL COST

7.

7.1

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

Impact on human resources

Types of post

Members
Officials or
Temporary staff

A
B
C
Other human resources

TOTAL

Staff to be assigned to management of the
action using existing and/or additional
resources

Number of
permanent posts

Number of
temporary posts

TOTAL

Description of tasks deriving from
the action

6
6
2
10

24

If necessary, a fuller description of
the tasks may be annexed.

The 6 A posts would  be as follows: 1 registrar,  4  administrators  for  the  group  of  lawyers  (see
commentary  on  Article  6  of  the  draft),  1  administrator  for  administrative  matters  (who  might
belong to the President's staff).

The 2 B posts would be as follows: 1 post for the registrar's assistant (who will be in charge of
the registry team, under the authority of the registrar), 1 post for handling documentation.

The 10 C posts would be as follows: 6 secretaries for the 6 judges, 1 secretary for the registrar, 1
secretary for the registry team, 2 secretaries for the group of lawyers.

31

7.2

Overall financial impact of human resources

Type of human resources

Amount €

Method of calculation *

Members
Officials
Temporary staff

Other human resources

See Annex

1,185
1,070

TOTAL

2,255

The amounts are total expenditure for twelve months.

7.3

Other administrative expenditure deriving from the action

Budget line: Section IV (CoJ)

Amount €

Method of calculation

Other administrative expenditure

197.424 See Annex

The amounts are total expenditure for twelve months.

I.
II.
III.

Annual total (7.2 + 7.3) 2.453.000
Duration of action
Total cost of action (I x II)

€*
years
EUR

*For the first year €692 000 should be added for start-up costs.

8.

FOLLOW-UP AND EVALUATION

Not necessary.

9.

ANTI-FRAUD MEASURES

Not  applicable.  The  proposal  would  establish  a  new  Community  court  and  does  not
affect any Community policies at risk of fraud.

32

Annex - Table summarising the cost of the European Civil Service Tribunal

Grades

Unit cost

Additional cost
in first year

Number

Recurring costs
year N

Additional cost
in first year

Cost in first year

Chapter 10

Members

Remuneration

Chapter 11

Officials

Allowances 30%

Installation

Subtotal

Remuneration 
allowances

+

Installation

Subtotal

A

B

C

A

B

C

Other Chapters
Title I

Other expenses in
relation to officials

Missions

Member

Staff
member

Representation

Social (crèches)

Training

Subtotal

152,000

45,600

85,000

55,000

45,000

500

212

600

595

500

33

60,000

18,000

17,000

13,000

6

6

6

6

2

10

6

2

10

6

12

6

24

24

912,000

273,600

1,185,600

510,000

110,000

450,000

1,070,000

3,000

2,544

3,600

14,280

12,000

35,424

360,000

360,000

108,000

34,000

130,000

272,000

912,000

273,600

360,000

1,545,600

510,000

110,000

450,000

108,000

34,000

130,000

1,342,000

3,000

2,544

3,600

14,280

12,000

35,424

Chapter 20

Chapter 21

Other Chapters
Title II

Buildings

IT

Furniture

Others

Subtotal

GRAND TOTAL

Member

Staff
member

2,500

2,000

2,500

1,500

3,000

24

6

18

24

48,000

15,000

27,000

72,000

162,000

60,000

60,000

108,000

15,000

27,000

72,000

222,000

2,453,024

692,000

3,145,024

34