Practice Directions relating to direct actions and appeals
Date: 2004-10-15
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, appeal, appeal to the Court (EU), information, judicial proceedings

8.12.2004

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Official Journal of the European Union

L 361/15

COURT OF JUSTICE

PRACTICE DIRECTIONS

relating to direct actions and appeals

THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES,

HEREBY ADOPTS THE FOLLOWING PRACTICE DIRECTIONS:

Pursuant to Article 125a of its Rules of Procedure,

USE OF TECHNICAL MEANS OF COMMUNICATION

Whereas:

1. A copy of the signed original of a procedural document
may be transmitted to the Registry in accordance with
Article 37(6) of the Rules of Procedure either:

— by telefax (to fax number: (352) 43 37 66),

It is in the interest of the efficient conduct of proceedings
in direct actions and appeals that practice directions
should be issued to agents and lawyers representing
parties before the Court, dealing with the submission
of pleadings and the preparation and conduct of
hearings.

or

The present directions reflect, explain and complement
provisions in the Rules of Procedure and are designed to
enable agents and lawyers to take account of the constraints
under which the Court operates, particularly as regards the
electronic processing of procedural documentation and
translation and interpretation requirements.

to ensure

require the Registrar

The Rules of Procedure and the Instructions to the
to receive procedural
Registrar
documents,
they comply with the
that
provisions of the Rules of Procedure and to assist the
Court and Chambers, in particular in the organisation of
hearings. In carrying out his duties, the Registrar must
satisfy himself that the agents and lawyers comply with
these practice directions, requiring them to make good
any irregularities of form in documents lodged which do
not comply with those provisions or requesting the agent
or lawyer concerned to comply therewith.

(4)

The views of representatives of the agents of the Member
States and the institutions acting in proceedings before
the Court, and of
the Bars and Law
the Council of
Societies of
the European Community (CCBE), have
been heard on the drafting of these practice directions,

— as an attachment to an electronic mail (e-mail address:

ecj.registry@curia.eu.int).

2. Where transmission is by electronic mail, only a scanned
copy of the signed original will be accepted. An ordinary
electronic file or one bearing an electronic signature or a
computer-generated facsimile signature will not be treated
as complying with Article 37(6) of the Rules of Procedure.

Documents should be scanned at a resolution of 300 DPI
and wherever possible,
in PDF format (images plus text),
using Acrobat or Readiris 7 Pro software.

3. A document lodged by telefax or electronic mail will be
treated as complying with the relevant time limit only if the
signed original itself reaches the Registry within ten days
following such lodgment, as specified in Article 37(6) of
the Rules of Procedure. The signed original must be sent
without delay, immediately after the despatch of the copy,
without any corrections or amendments, even of a minor
nature. In the event of any discrepancy between the signed
original and the copy previously lodged, only the date of
lodgment of the signed original will be taken into consid-
eration.

(1)

(2)

(3)

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4. Where,

in accordance with Article 38(2) of the Rules of
Procedure, a party agrees to be notified by telefax or other
technical means of communication, the statement to that
effect must specify the telefax number and/or the electronic
mail address to which the Registry may send that party
documents to be served. The recipient’s computer must
be equipped with suitable software (for example, Acrobat
or Readiris 7 Pro) for reception and display of communi-
cations from the Registry, which will be transmitted in PDF
format.

PRESENTATION OF PLEADINGS

5. Pleadings and other procedural documents lodged (*) by the
parties must be submitted in a form which can be
processed electronically by the Court and which,
in
particular, makes it possible to scan documents and to
use character recognition.

Where a response seeks an order setting aside in whole
or in part the decision of the Court of First Instance on
a plea in law not raised in the appeal, the title of the
pleading must indicate that the document is a response
and cross-appeal;

2. the case number (C .../...), if it has already been notified

by the Registry;

3. the names of the applicant (appellant) and defendant
(respondent) and in appeals, the identification of the
decision under appeal and the parties before the Court
of First Instance;

4. the name of the party on whose behalf the pleading is

lodged.

For that purpose,
complied with:

the following requirements must be

7. Each paragraph of the pleading must be numbered.

1. the paper must be white, unlined and A4 size, with text

on one side of the page only;

8. The signature of the agent or lawyer acting for the party

concerned must appear at the end of the pleading.

2. pages of pleadings and annexes,

if any, must be
assembled in such a way as to be easily separable.
They must not be bound together or permanently
attached by means such as glue or staples;

3. the text must be in a commonly-used font (such as
Times New Roman, Courier or Arial), in at least 12 pt
in the body of
in the
footnotes, with one and a half line spacing and upper,
lower, left and right margins of at least 2,5 cm;

the text and at

least 10 pt

FORM AND CONTENT OF THE PRINCIPAL TYPES OF
PLEADING

A. Direct actions

Application initiating proceedings

9. An application must contain the statements prescribed by

Article 38(1) and (2) of the Rules of Procedure.

10. The following must appear at the beginning of each appli-

cation:

4. the pages of the pleading must be numbered consecu-
tively in the top right-hand corner. That numbering
must also cover all the pages of any annexes to the
pleading, so as to make it possible to check that all
the pages of the annexes have been duly scanned.

1. the applicant's name and address;

2. the name and capacity of

the applicant's agent or

lawyer;

6. The following information must appear on the first page of

the pleading:

3. the identity of the party or parties against whom the

action is brought;

reply,

1. the title of the pleading (application, appeal, defence,
leave to
response,
intervene, statement
in intervention, observations on
the statement in intervention, objection of inadmissi-
bility, etc.).

rejoinder, application for

4. the statements referred to in Article 38(2) of the Rules
of Procedure (address for service in Luxembourg and/or
agreement to service by telefax or any other technical
means of communication).

(*) The Court's postal address is:

Court of Justice of the European Communities
L-2925 LUXEMBOURG.

11. In the case of an application for annulment, a copy of the
contested measure must be annexed to the application and
identified as such.

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12. Each application should be accompanied by a summary of
the pleas in law and main arguments relied on, intended to
facilitate publication in the Official Journal of the notice
prescribed by Article 16(6) of
the Rules of Procedure,
which will be prepared by the Registry. The summary in
question must not be more than two pages long.

Reply and rejoinder

21. The reply and rejoinder must not recapitulate the factual
and legal background except in so far as its presentation in
the previous pleadings is disputed or, exceptionally, calls for
further particulars. If any fact alleged by the other party is
contested it must be clearly indicated and the basis on
which it is challenged must be stated explicitly.

13. The precise wording of the forms of order sought by the
applicant must be specified either at the beginning or the
end of the application.

Statement in intervention

14. The introductory part of the application must be followed
by a brief account of the facts giving rise to the dispute.

22. The statement in intervention must develop no arguments
that are not new in relation to those put forward by the
main party. It may be confined to a mere reference to the
other arguments.

15. The structure of the legal argument must reflect the pleas in
law relied upon. After the account of the facts giving rise to
the dispute, a summary outline of those pleas in law should
be given.

Defence

16. The defence must contain the statements prescribed by

Article 40(1) of the Rules of Procedure.

The statement in intervention must not recapitulate the
factual and legal background except in so far as its presen-
tation in the previous pleadings is disputed or, excep-
tionally, calls for further particulars. If any fact alleged by
the other party is contested it must be clearly indicated and
the basis on which it is challenged must be stated explicitly.

B. Appeals

The appeal

17. In addition to the case-number and the applicant's name,
the beginning of each

the following must appear at
defence:

23. An appeal must contain the statements prescribed by

Article 112(1) of Rules of Procedure.

1. the defendant's name and address;

24. The following must appear at the beginning of each appeal:

2. the name and capacity of

the defendant's agent or

lawyer;

1. the appellant's name and address;

3. an address for service in Luxembourg and/or agreement
to service by telefax or other
technical means of
communication (second subparagraph of Article 40(1)
of the Rules of Procedure).

18. The precise wording of the forms of order sought by the
defendant must be specified either at the beginning or at
the end of the defence.

19. The structure of the legal argument must, so far as is
possible, reflect that of the pleas in law put forward in
the application.

20. The factual and legal background is to be recapitulated in
the defence only in so far as its presentation in the appli-
cation is disputed or calls for further particulars. If any fact
alleged by the other party is contested it must be clearly
indicated and the basis on which it is challenged must be
stated explicitly.

2. the name and capacity of

the appellant's agent or

lawyer;

3. the identification of the decision of the Court of First
Instance appealed against (type of decision, formation of
the Court, date and number of the case) and the names
of the parties before the Court of First Instance;

4. the date on which the decision of the Court of First

Instance was notified to the appellant;

5. an address for service in Luxembourg and/or agreement
technical means of

to service by telefax or other
communication.

25. A copy of

the Court of First
appealed against must be annexed to the appeal.

the decision of

Instance

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26. The appeal should be accompanied by a summary of the
grounds of appeal and main arguments relied on, intended
to facilitate publication in the Official Journal of the notice
prescribed by Article 16(6) of the Rules of Procedure. The
summary in question must not be more than two pages
long.

27. The precise wording of the forms of order sought by the
appellant must be specified either at the beginning or at the
end of the appeal (Article 113(1) of Rules of Procedure).

28. It is not generally necessary to set out the background to
the dispute or its subject matter; it will be sufficient to refer
to the decision of the Court of First Instance.

29. The structure of

the legal arguments must

the
reflect
relied upon in
grounds,
support of
those
grounds should be given at the beginning of the appeal.

the appeal. A summary outline of

in particular errors of

law,

Response

30. A response must contain the statements prescribed by

Article 115(1) of the Rules of Procedure.

31. The following must appear at
in addition to the

response,
appellant’s name:

the beginning of each
and the
case number

1. the name and address of the party lodging it;

appellant and/or, as appropriate, the grounds put forward
by way of cross-appeal.

35. Since the factual and legal background has already been set
out in the judgment under appeal, it is to be recapitulated
in the response only quite exceptionally,
in so far as its
presentation in the appeal is disputed or calls for further
particulars. Any fact challenged must be clearly indicated,
and the point of fact or law in question indicated explicitly.

Reply and rejoinder

36. As a rule, the reply and rejoinder will not recapitulate any
more the factual and legal background. Any fact challenged
must be clearly indicated, and the point of fact or law in
question indicated explicitly.

Statement in intervention

37. The statement in intervention must develop no arguments
that are not new in relation to those put forward by the
main party. It may be confined to a mere reference to the
other arguments.

The statement in intervention must not recapitulate the
factual and legal background except in so far as its presen-
tation in the previous pleadings is disputed or, excep-
tionally, calls for further particulars. Any fact challenged
must be clearly indicated, and the point of fact or law in
question indicated explicitly.

2. the name and capacity of the agent or lawyer acting for

that party;

ANNEXES TO PLEADINGS

3. the date on which notice of the appeal was served on

the party;

4. an address for service in Luxembourg and/or agreement
to service by telefax or any other technical means of
communication.

32. The precise wording of the forms of order sought by the
party lodging the response must be specified either at the
beginning or at the end of the response.

38. Legal argument submitted for consideration by the Court
must appear in the pleadings and not in the annexes.

39. Only documents mentioned in the actual text of a pleading
and necessary in order to prove or illustrate its contents
may be submitted as annexes.

40. Annexes will be accepted only if they are accompanied by a
the Rules of
each

(Article 37(4) of

schedule must

indicate

for

schedule of annexes
Procedure).
document annexed:

That

33. If the response seeks an order setting aside, in whole or in
part, the decision of the Court of First Instance on a plea in
law not raised in the appeal, that fact must be indicated in
the title of the pleading (Response and Cross-appeal).

1. the number of the annex;

34. The structure of the legal arguments must, so far as is
possible, reflect the grounds of appeal put forward by the

2. a short description of

‘letter’,
followed by its date, author and addressee and its
number of pages);

the document

(e.g.

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3. a reference to the page and paragraph in the pleading at
which the document is mentioned and from which the
need to produce it is apparent.

46. As the expedited procedure is largely oral, the pleading of
the party requesting it must be confined to a summary of
the pleas relied upon. Such pleadings must not, save in
exceptional circumstances, exceed 10 pages.

41. If, for the convenience of the Court, copies of judgments,
legal writings or legislation are annexed to a pleading, they
must be separate from the other annexes.

42. Each reference to a document

lodged must state the
relevant annex number as given in the schedule of
annexes in which it appears and indicate the pleading to
which it
In appeal proceedings, where the
document has already been produced before the Court of
First Instance, the identification used for that document
before the Court of First Instance must also be given.

is annexed.

DRAFTING AND LENGTH OF PLEADINGS

43. With a view to avoiding delay in proceedings, when
drafting pleadings the following points in particular must
be taken into consideration:

— the case is examined on the basis of the pleadings; in
order to facilitate that examination, documents must be
structured and concise and must avoid repetition,

— pleadings will, as a general rule, be translated; in order
to facilitate translation and to make it as accurate as
possible sentences should be simple in structure and
vocabulary should be simple and precise,

— the time needed for translation and for examination of
the case-file is proportionate to the length of
the
the shorter the pleadings,
pleadings lodged, so that
the swifter the disposal of the case.

APPLICATIONS FOR LEAVE TO LODGE A REPLY IN
APPEAL PROCEEDINGS

47. The President may, on application, allow a reply to be
lodged if it is necessary in order to enable the appellant
to defend its point of view or in order to provide a basis
for the decision on the appeal.

Save in exceptional circumstances such an application must
not exceed 2 to 3 pages and must be confined to
summarising the precise reasons for which, in the appel-
lant's opinion, a reply is necessary. The request must be
comprehensible in itself without any need to refer to the
appeal or the response.

APPLICATIONS FOR HEARING OF ORAL ARGUMENT

48. The Court may decide not to hear oral argument where
none of the parties has applied to be heard (Articles 44a
and 120 of the Rules of Procedure). In practice, it is rare
for a hearing to be organised in the absence of such an
application.

The application must specify why the party wishes to be
heard. That reasoning must be based on a real assessment
of the benefit of a hearing to the party in question and
indicate the documentary elements or arguments
must
which that party considers it necessary to develop or
disprove more fully at a hearing.
It is not sufficient to
provide a general statement of reasons referring to the
importance of the case or of the questions to be decided.

44. It is the Court's experience that, save in exceptional circum-
stances, effective pleadings need not exceed 10 or 15 pages
and replies, rejoinders and responses can be limited to 5 to
10 pages.

PREPARATION AND CONDUCT OF HEARINGS

49. Before the hearing begins the agents or lawyers are called
the
to a short meeting with the relevant
Court,
in order to plan the hearing. At that point the
Judge-Rapporteur and the Advocate General may indicate
the matters they wish to hear developed in the arguments.

formation of

APPLICATIONS FOR EXPEDITED PROCEDURE

45. A party applying by separate document under Article 62a
of the Rules of Procedure for a case to be decided by the
Court by expedited procedure must briefly state the reasons
for the special urgency of the case. Save in exceptional
circumstances, that application must not exceed five pages.

50. Oral argument is limited to 30 minutes maximum before
the full Court, the Grand Chamber or a chamber of five
Judges and to 15 minutes maximum before a Chamber of
three Judges. Before any formation the presentation of an
intervener's argument is limited to 15 minutes maximum.

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Speaking time may exceptionally be extended beyond those
limits on application made to the President of
the
formation concerned together with a detailed statement
of reasons. The application must reach the Court as soon
as possible and in order to be taken into consideration, at
the latest two weeks before the date of the hearing.

The notification of the hearing asks the agents and lawyers
to inform the Registry of the likely duration of their oral
arguments. The information supplied is used in the
planning of the business of the Court and the Chambers,
and it
is not possible to exceed the speaking time
requested.

51. Having read the written pleadings,

the Judges and the
Advocate General are already familiar with the case,
its
subject matter and the pleas in law and arguments put
forward by the parties. The purpose of oral argument is
not to present a party's point of view afresh but to clarify
any matters which the agent or lawyer regards as parti-
cularly important, especially those referred to in the appli-
cation for a hearing (see paragraph 42 above). Repetition of
what has already been stated in the written pleadings must

be avoided; if necessary, a reference to the pleadings during
the course of the oral argument will suffice.

Oral submissions should begin by outlining the plan to be
followed.

52. Very frequently the Judges and Advocate General will listen
to oral argument via simultaneous interpretation. In order
to make that interpretation possible, agents and lawyers
should speak at a natural and unforced pace and use
short sentences of simple structure.

It is inadvisable to read out a text prepared in advance. It is
preferable to speak on the basis of properly structured
If the oral argument is, nevertheless, prepared in
notes.
writing, account should be taken in drafting the text of
the fact
to be delivered orally and ought
therefore to come as close as possible to oral exposition.
To facilitate interpretation, agents and lawyers are requested
to send the text or written outline of their oral argument
by fax in advance to the Interpretation Division (fax (352)
43 03 36 97).

that

is

it

Done at Luxembourg, 15 October 2004.