2005/49/EC, Euratom: Council Decision of 18 January 2005 concerning the operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice
Date: 2005-01-18
Institutions: Council of the European Union
Subjects: Court of Justice of the European Union, European civil service, operation of the Institutions

25.1.2005

EN

Official Journal of the European Union

L 21/13

COUNCIL DECISION

of 18 January 2005

concerning the operating rules of the committee provided for in Article 3(3) of Annex I to the
Protocol on the Statute of the Court of Justice

(2005/49/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

(2)

Having regard to the Treaty
Community,

establishing the European

to the

aforementioned Article 3(3),

the
Pursuant
operating rules of that committee shall be determined
by the Council, acting by a qualified majority on the
recommendation of
the Court of
the President of
Justice. This provision should be applied,

Having regard to the Treaty establishing the European Atomic
Energy Community,

HAS DECIDED AS FOLLOWS:

as

Having regard to the Protocol on the Statute of the Court of
amended by Council Decision 2004/752/EC,
Justice,
Euratom, of 2 November 2004 establishing the European
Union Civil Service Tribunal (1), and in particular Article 3(3)
of Annex I thereto,

Having regard to the recommendation of the President of the
Court of Justice of 2 December 2004,

Whereas:

(1)

Article 3(3) of Annex I to the Protocol on the Statute of
Justice provides for the setting up of a
the Court of
committee
chosen from
among former members of the Court of Justice and the
recognised
Court of First
competence.

comprising seven persons

Instance and lawyers of

Article 1

The operating rules of the committee provided for in Article
3(3) of Annex I to the Protocol on the Statute of the Court of
Justice are set out in the Annex to this Decision.

Article 2

This Decision shall take effect on the day following that of its
publication in the Official Journal of the European Union.

Done at Brussels, 18 January 2005.

For the Council
The President

J.-C. JUNCKER

(1) OJ L 333, 9.11.2004, p. 7.

L 21/14

EN

Official Journal of the European Union

25.1.2005

ANNEX

Operating rules of the Committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the
Court of Justice

1.

2.

3.

4.

The committee shall be composed of seven persons chosen from among former members of the Court of Justice
and the Court of First Instance and lawyers of recognised competence.

Those persons shall be appointed for a period of four years. At the end of that period they may be reappointed.

The committee shall be presided over by one of its members, nominated for that purpose by the Council.
The General Secretariat of the Council shall be responsible for the committee’s secretariat. It shall provide the
administrative support necessary for the working of the committee, including the translation of documents.

5. Meetings of the committee shall be valid if at least five of its members are present.

The committee shall adopt decisions by simple majority. If votes are tied, the president’s shall be the casting vote.

6. Members of the committee required to travel away from their place of residence in order to carry out their duties
shall be entitled to reimbursement of their expenses and an allowance, on the conditions laid down in Article 6 of
Regulations No 422/67/EEC and No 5/67/Euratom of the Council determining the emoluments of the President and
Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the
President, Members and Registrar of the Court of First Instance. (1)

The corresponding expenditure shall be borne by the Council.

(1) OJ 187, 8.8.1967, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1292/2004 (OJ L 243, 15.7.2004, p. 23).