Assignment of Judges to the Chambers
Date: 2004-10-09
Institutions: Court of First Instance
Subjects: General Court (EU), appointment of staff

C 251/12

EN

Official Journal of the European Union

9.10.2004

COURT OF FIRST INSTANCE

Election of the President of the Court of First Instance

Second Chamber, sitting with three Judges:

(2004/C 251/21)

On 8 September 2004 the Court of First Instance, in accord-
ance with Article 7 of the Rules of Procedure, elected Judge Bo
Vesterdorf as President for the period from 8 September 2004
to 31 August 2007.

Mr Pirrung, President of Chamber

(a) Mr Meij and Ms Pelikánová, Judges

(b) Mr Forwood et Mr Papasavvas, Judges

Third Chamber, Extended Composition, sitting with five Judges:

Mr Jaeger, President of Chamber, Ms Tiili, Mr Azizi, Ms
Cremona and Mr Czúcz, Judges

Election of the Presidents of Chambers

Third Chamber, sitting with three Judges:

Mr Jaeger, President of Chamber

(2004/C 251/22)

(a) Ms Tiili and Mr Czúcz, Judges

On 10 and 13 September 2004 the Court of First Instance, in
accordance with Article 15 of its Rules of Procedure, elected
Judge Jaeger, Judge Pirrung, Judge Vilaras and Judge Legal as
Presidents of the Chambers composed of five Judges for the
period from 10 September 2004 to 31 August 2007 and Judge
Jaeger,
Judge Legal and Judge
Judge Vilaras,
Cooke as Presidents of the Chambers composed of three Judges
for the period from 13 September 2004 to 30 September
2005.

Judge Pirrung,

(b) Mr Azizi and Ms Cremona, Judges

Fourth Chamber, Extended Composition, sitting with five Judges:

Mr Legal, President of Chamber, Ms Lindh, Mr Mengozzi, Ms
Wiszniewska-Białecka and Mr Vadapalas, Judges

Fourth Chamber, sitting with three Judges:

Mr Legal, President of Chamber

(a) Ms Lindh and Mr Vadapalas, Judges

(b) Mr Mengozzi and Ms Wiszniewska-Białecka, Judges

Assignment of Judges to the Chambers

Fifth Chamber, Extended Composition, sitting with five Judges:

(2004/C 251/23)

Mr Vilaras, President of Chamber, Ms Martins Ribeiro, Mr
Dehousse, Mr Šváby and Ms Jürimäe, Judges

On 13 September 2004 the Court of First Instance decided to
establish five Chambers of five Judges and five Chambers of
three Judges for the period from 13 September 2004 to 30
September 2005 and to assign Judges to them as follows:

Fifth Chamber, sitting with three Judges:

Mr Vilaras, President of Chamber

First Chamber, Extended Composition, sitting with five Judges:

Mr Vesterdorf, President, Mr Cooke, Mr García-Valdecasas, Ms
Labucka and Ms Trstenjak, Judges

First Chamber, sitting with three Judges:

Mr Cooke, President of Chamber, Mr García-Valdecasas, Ms
Labucka and Ms Trstenjak, Judges

Second Chamber, Extended Composition, sitting with five Judges:

Mr Pirrung, President of Chamber, Mr Meij, Mr Forwood, Ms
Pelikánová and Mr Papasavvas, Judges

(a) Ms Martins Ribeiro and Ms Jürimäe, Judges

(b) Mr Dehousse and Mr Šváby, Judges

In the First Chamber sitting with three Judges, the Judges who
sit with the President of the Chamber to make up the Chamber
will be designated in turn, in the order provided for by Article
6 of the Rules of Procedure of the Court of First Instance,
subject to the presence of connected cases. In the Second to
Fifth Chambers sitting with three Judges, the President of the
Chamber will sit either with the Judges referred to at (a) above
or with those referred to at (b) above, depending on which of
those formations the Judge-Rapporteur belongs to. For cases in
which the President of the Chamber is the Judge-Rapporteur,
the President of the Chamber will sit with the Judges of one or
other of those formations alternately in accordance with the
order in which the cases are registered, subject to the presence
of connected cases.

9.10.2004

EN

Official Journal of the European Union

C 251/13

Cases in which the Judge-Rapporteur is assigned to another
Chamber as a result of the amendment of the composition of
the Chambers
from 13
September 2004, to the Chamber to which the Judge-Rappor-
teur belongs from that date.

shall be reallocated, with effect

In cases where the written procedure was completed and a
hearing in the oral procedure was held or fixed before 13
September 2004, the Chamber shall continue to sit with the
same composition as previously for the oral procedure, the
deliberation and the judgment.

Composition of the Grand Chamber

On 13 September 2004 the Court of First Instance decided, in
accordance with Article 10(1) of the Rules of Procedure, that
for the period from 13 September 2004 to 30 September
2005 the Grand Chamber shall be composed of: Mr Vesterdorf,
President of the Court of First Instance; Mr Jaeger, Mr Pirrung,
Mr Vilaras and Mr Legal, Presidents of Chambers; the Judges of
the Chamber (Extended Composition) who would have had to
hear the case in question if it had been assigned to a Chamber
composed of five Judges; and four other Judges designated by
the President of the Court of First Instance in turn from among
the Judges of each of the other Chambers,
in the order of
precedence of those Judges within their Chambers according to
seniority in office under Article 6 of the Rules of Procedure of
the Court of First Instance.

As regards cases where the written procedure was completed
and,
in the oral procedure, a hearing before the Grand
Chamber was held or fixed before 13 September 2004, the
Grand Chamber shall continue to sit with the same composi-
tion as previously for the oral procedure, the deliberation and
the judgment.

Criteria for assigning cases to the Chambers

On 13 September 2004 the Court of First Instance laid down
criteria as follows for the assignment of cases to the Chambers
for the period from 13 September 2004 to 30 September
2005, in accordance with Article 12 of the Rules of Procedure.

1. Cases shall be assigned, as soon as applications have been
lodged and without prejudice to any subsequent application
of Articles 14 and 51 of the Rules of Procedure, to Cham-
bers of three Judges.

2. Cases shall be allocated to the Chambers in turn, in accord-
ance with the date on which they are registered at the
Registry, following four separate rotas, namely:

— for cases concerning application of

the competition
rules applicable to undertakings, the rules on State aid
and the rules on trade protection measures;

— for the cases referred to in Article 236 of the EC Treaty

and Article 152 of the EAEC Treaty;

— for cases concerning intellectual property rights, as envi-

saged by Article 130(1) of the Rules of Procedure;

— for all other cases.

In applying those rotas, the First Chamber shall not be taken
into consideration at each fifth turn.

The President of the Court of First Instance may derogate from
the rotas on the ground that cases are related or with a view to
ensuring an even spread of the workload.

Plenary session

JUDGMENT OF THE COURT OF FIRST INSTANCE

On 13 September 2004 the Court of First Instance decided, in
accordance with the second subparagraph of Article 32(1) of
the Rules of Procedure, that where, following the designation
of an Advocate General pursuant to Article 17 of the Rules of
Procedure, there is an even number of Judges in the Court of
First Instance sitting in plenary session, the rota established in
advance in accordance with which the President of the Court is
to designate the Judge who will not take part in the judgment
of the case shall be in reverse order to the order in which the
Judges rank according to their seniority in office under Article
6 of the Rules of Procedure unless the Judge who would thus
be designated is the Judge-Rapporteur. In that event, it is the
Judge ranking immediately above him who shall be designated.

Designation of the Judge replacing the President of the
Court of First Instance as the Judge hearing an application
for interim measures

On 13 September 2004 the Court of First Instance decided, in
accordance with Article 106 of the Rules of Procedure, to
designate Judge García-Valdecasas to replace the President of
the Court of First Instance for the purpose of deciding applica-
tions for interim measures where the latter
is absent or
prevented from dealing with them,
in respect of the period
from 13 September 2004 to 30 September 2005.

of 29 April 2004

in Joined Cases T-236/01, T-239/01, T-244/01 to T-246/01,
T-251/01 and T-252/01: Tokai Carbon Co. Ltd and Others
v Commission of the European Communities (1)

(Competition — Appeal — Cartel — Graphite electrodes
market — Price-fixing and market-sharing — Calculation of
fines — Concurrent sanctions — Guidelines on the method
of setting fines — Applicability — Gravity and duration of
the infringement — Aggravating circumstances — Attenu-
ating circumstances — Ability to pay — Cooperation during
the administrative procedure — Arrangements for payment)

(2004/C 251/24)

(Language of the case: German and English)

In Joined Cases T-236/01, T-239/01, T-244/01 to T-246/01, T-
251/01 and T-252/01: Tokai Carbon Co. Ltd, established in
Tokyo (Japan),
represented initially by G. Van Gerven,
T. Franchoo and M. De Grave and, subsequently, by G. Van
Gerven and T. Franchoo, lawyers, with an address for service in