2005/696/EC, Euratom: Council Decision of 3 October 2005 amending the Protocol on the Statute of the Court of Justice, in order to lay down the conditions and limits for the review by the Court of Justice of decisions given by the Court of First Instance
Date: 2005-10-03
Institutions: Council of the European Union
Subjects: Court of Justice of the European Union, General Court (EU), appeal, judicial proceedings

L 266/60

EN

Official Journal of the European Union

11.10.2005

COUNCIL DECISION

of 3 October 2005

amending the Protocol on the Statute of the Court of Justice, in order to lay down the conditions
and limits for the review by the Court of Justice of decisions given by the Court of First Instance

(2005/696/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, and in particular Article 225(2) and (3) and the
second paragraph of Article 245 thereof,

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 140a(2) and (3)
and the second paragraph of Article 160 thereof,

Having regard to the request of the Court of Justice of 12
September 2003,

Having regard to the opinion of the European Parliament of 10
February 2004,

Having regard to the opinion of
February 2005,

the Commission of 11

(2)

(3)

Whereas:

(1)

Article 225(2) and (3) of the EC Treaty, as amended by
Article 2(31) of the Treaty of Nice, provides:

‘2.
The Court of First Instance shall have jurisdiction
to hear and determine actions or proceedings brought
against decisions of
the judicial panels set up under
Article 225a.

(4)

Decisions given by the Court of First Instance under this
paragraph may exceptionally be subject to review by the
Court of Justice, under the conditions and within the
limits
laid down by the Statute, where there is a
serious risk of the unity or consistency of Community
law being affected.

3.
The Court of First Instance shall have jurisdiction to
hear and determine questions referred for a preliminary
ruling under Article 234, in specific areas laid down by
the Statute.

Where the Court of First Instance considers that the case
requires a decision of principle likely to affect the unity
or consistency of Community law, it may refer the case
to the Court of Justice for a ruling.

Decisions given by the Court of First
Instance on
questions referred for a preliminary ruling may excep-
tionally be subject to review by the Court of Justice,
under the conditions and within the limits laid down
the
by the Statute, where there is a serious risk of
unity or consistency of Community law being affected.’

Article 140a(2) and (3) of the EAEC Treaty was similarly
amended by Article 3(13) of the Treaty of Nice.

Justice,

in accordance with which:

Account was taken in part of
those amendments in
Article 62 of the Protocol on the Statute of the Court
‘In the cases
of
provided for in Article 225(2) and (3) of the EC Treaty
and Article 140a(2) and (3) of the EAEC Treaty, where
the First Advocate General considers that
there is a
serious risk of the unity or consistency of Community
law being affected, he may propose that the Court of
Justice review the decision of the Court of First Instance.

The proposal must be made within one month of
delivery of the decision of the Court of First Instance.
Within one month of receiving the proposal made by the
First Advocate General, the Court of Justice shall decide
whether or not the decision should be reviewed.’

In accordance with Declaration No 13 annexed to the
Final Act of the Treaty of Nice, it is necessary to adopt
the provisions concerning review of judgments delivered
by the Court of First Instance ruling on decisions of the
judicial panels and on questions referred for a preli-
minary ruling, specifying:

‘— the role of the parties in proceedings before the
in order to safeguard their rights,

Court of Justice,

— the effect of the review procedure on the enforce-
ability of the decision of the Court of First Instance,

— the effect of the Court of Justice decision on the

dispute between the parties.’,

11.10.2005

EN

Official Journal of the European Union

L 266/61

HAS DECIDED AS FOLLOWS:

Article 1

The following Articles shall be inserted between Articles 62 and
63 of the Protocol on the Statute of the Court of Justice:

‘Article 62a

The Court of Justice shall give a ruling on the questions
which are subject
to review by means of an urgent
procedure on the basis of the file forwarded to it by the
Court of First Instance.

in the
Those referred to in Article 23 of this Statute and,
cases provided for in Article 225(2) of the EC Treaty and in
the parties to the
Article 140a(2) of
the EAEC Treaty,
proceedings before the Court of First
Instance shall be
entitled to lodge statements or written observations with
the Court of Justice relating to questions which are subject
to review within a period prescribed for that purpose.

The Court of Justice may decide to open the oral procedure
before giving a ruling.

Article 62b

In the cases provided for in Article 225(2) of the EC Treaty
and in Article 140a(2) of the EAEC Treaty, without prejudice
to Articles 242 and 243 of the EC Treaty, proposals for
review and decisions to open the review procedure shall
not have suspensory effect. If the Court of Justice finds that
the decision of the Court of First Instance affects the unity or
consistency of Community law, it shall refer the case back to
the Court of First Instance which shall be bound by the
points of law decided by the Court of Justice; the Court of

Justice may state which of the effects of the decision of the
Court of First Instance are to be considered as definitive in
respect of the parties to the litigation. If, however, having
regard to the result of
the
proceedings flows from the findings of fact on which the
decision of the Court of First Instance was based, the Court
of Justice shall give final judgment.

the outcome of

the review,

review or decisions

In the cases provided for in Article 225(3) of the EC Treaty
and Article 140a(3) of the EAEC Treaty, in the absence of
for
proposals
to open the review
procedure,
the answer(s) given by the Court of First
Instance to the questions submitted to it shall take effect
upon expiry of the periods prescribed for that purpose in
the second paragraph of Article 62. Should a review
procedure be opened, the answer(s) subject to review shall
take effect
following that procedure, unless the Court of
Justice decides otherwise. If the Court of Justice finds that
the decision of the Court of First Instance affects the unity
or consistency of Community law, the answer given by the
Court of Justice to the questions subject to review shall be
substituted for that given by the Court of First Instance.’

Article 2

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

Done at Luxembourg, 3 October 2005.

For the Council

The President

D. ALEXANDER