2005/577/,: Council Decision of 22 July 2005 appointing Judges of the European Union Civil Service Tribunal
Date: 2005-07-22
Institutions: Council of the European Union
Subjects: Court of Justice of the European Union, European civil service, appointment of staff, labour tribunal, member of the Court of Justice (EU)

L 197/28

EN

Official Journal of the European Union

28.7.2005

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 22 July 2005

appointing Judges of the European Union Civil Service Tribunal

(2005/577/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 225a thereof,

establishing the European

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

Having regard to Council Decision 2004/752/EC, Euratom of
2 November 2004 (1), and in particular Article 3(1) thereof,

Whereas:

(1)

The European Union Civil Service Tribunal was estab-
lished by Decision 2004/752/EC, Euratom, on the basis
of Articles 225a and 245 of the EC Treaty and Articles
140b and 160 of the EAEC Treaty. To that end, that
Decision added an Annex to the Protocol on the
Statute of the Court of Justice (hereinafter referred to
as Annex I to the Statute of the Court of Justice).

(2)

Article 3 of Annex I to the Statute of the Court of Justice
provides that:

‘1.
The Judges shall be appointed by the Council,
acting in accordance with the fourth paragraph of
Article 225a of the EC Treaty and the fourth paragraph
of Article 140b of the EAEC Treaty, after consulting the
committee provided for by this Article. When appointing
Judges, the Council shall ensure a balanced composition
the Tribunal on as broad a geographical basis as
of
possible from among nationals of the Member States
and with respect to the national
legal systems repre-
sented.

(3)

(4)

2.
Any person who is a Union citizen and fulfils the
conditions laid down in the fourth paragraph of Article
225a of
the EC Treaty and the fourth paragraph of
Article 140b of the EAEC Treaty may submit an appli-
cation. The Council, acting by a qualified majority on a
recommendation from the Court, shall determine the
conditions
the
submission and processing of such applications.

arrangements

governing

and

the

A committee shall be set up comprising seven
3.
the
persons chosen from among former members of
Instance and
Court of
Justice and the Court of First
recognised competence. The committee’s
lawyers of
membership and operating rules shall be determined by
the Council, acting by a qualified majority on a recom-
mendation by the President of the Court of Justice.

The committee shall give an opinion on candidates’
4.
suitability to perform the duties of judge at the Civil
Service Tribunal. The committee shall append to its
opinion a list of candidates having the most suitable
high-level experience. Such list shall contain the names
of at least twice as many candidates as there are Judges to
be appointed by the Council.’

submission and processing of

By its Decision 2005/150/EC, Euratom (2), the Council
determined the conditions and arrangements governing
the
for
appointment as a judge of the Civil Service Tribunal, as
provided for in Article 3(2) of Annex I to the Statute of
the Court of Justice.

applications

By its Decision 2005/49/EC, Euratom (3),
the Council
committee
the
determined the operating rules of
provided for in Article 3(3) of Annex I to the Protocol
on the Statute of the Court of Justice.

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

(2) OJ L 50, 23.2.2005, p. 7.
(3) OJ L 21, 25.1.2005, p. 13.

28.7.2005

EN

Official Journal of the European Union

L 197/29

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed Judges at the European
Union Civil Service Tribunal:

— Irena BORUTA

— Stéphane GERVASONI

— Heikki KANNINEN

— Horstpeter KREPPEL

— Paul J. MAHONEY

— Charisios TAGARAS

— Sean VAN RAEPENBUSCH

Article 2

Four of these Judges are appointed for a period of six years,
from 1 October 2005 to 30 September 2011.

The other three Judges are appointed for a period of three years,
from 1 October 2005 to 30 September 2008.

the Council shall publish in the
The General Secretariat of
the
Official
Journal of
choice by lot by the President of the Council of the three
Judges of the Tribunal whose duties are to end upon expiry
of the first three years of their term of office.

the European Union the outcome of

Article 3

For the purposes of appointing the first President of the Civil
Service Tribunal, the procedure laid down in Article 4(1) of
Annex I to the Statute of the Court of Justice shall apply.

Article 4

This Decision shall enter into force on the day following its
publication in the Official Journal of the European Union.

Article 5

This Decision shall be published in the Official Journal of the
European Union.

Done at Brussels, 22 July 2005.

For the Council
The President

J. STRAW

(5)

(6)

(7)

(8)

(9)

By its Decision 2005/151/EC, Euratom (1), the Council
appointed the members of the committee provided for
in Article 3(3) of Annex I to the Protocol of the Statute
of the Court of Justice.

The public call for applications for the appointment of
Judges to the Civil Service Tribunal was published on 23
February 2005 (in OJ C 47 A, p. 1); the deadline for the
submission of applications expired on 15 April 2005.
243 applications were registered.

The committee set up by Article 3(3) of Annex I to the
Statute of the Court of Justice met on several occasions
in May and June 2005. On completion of its discussions,
it finalised the opinion and list provided for in Article
3(4) of Annex I to the Statute of the Court of Justice. The
list contains 14 candidates.

the fourth paragraph of Article 225a of

Under
the
EC Treaty and the fourth paragraph of Article 140b of
the EAEC Treaty, Judges of the Civil Service Tribunal are
appointed by the Council.

Seven of the persons included on the above list should
accordingly be appointed, ensuring a balanced compo-
sition of the Tribunal on as broad a geographical basis
as possible from among nationals of the Member States
and with respect to the national
legal systems repre-
sented, as provided for in Article 3(1) of Annex I to
the Statute of the Court of Justice.

(10) Under the first sentence of

the Civil

Judges of

Service Tribunal

the second paragraph of
Article 2 of Annex I to the Statute of the Court of
Justice,
are
appointed for a period of six years. By way of derogation
of Decision
provision, Article
from that
2004/752/EC, Euratom provides
the
all
Judges of the Tribunal have taken oath, the President
of the Council is to choose by lot three Judges of the
Tribunal whose duties are to end upon expiry of the first
three years of their term of office. The outcome of the
choice by lot should be given suitable publicity by being
published in the Official Journal of the European Union.

3(2)
that once

(11)

It should also be noted, with respect to the appointment
of the first President of the Civil Service Tribunal, that
under Article 3(1) of Decision 2004/752/EC, Euratom
the Council has
the
procedure laid down in Article 4(1) of Annex I to the
Statute of the Court of Justice, which provides that the
Judges are to elect
the Civil Service
Tribunal
from among their number for a period of
three years. Use should be made of that possibility,

the possibility of

the President of

applying

(1) OJ L 50, 23.2.2005, p. 9.