Amendment of the Rules of Procedure of the Court of First Instance
Date: 2005-10-12
Institutions: Court of First Instance
Subjects: General Court (EU), judicial proceedings, legal aid, operation of the Institutions

15.11.2005

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Official Journal of the European Union

L 298/1

COURT OF JUSTICE

AMENDMENT OF THE RULES OF PROCEDURE OF THE COURT OF FIRST INSTANCE

THE COURT OF FIRST INSTANCE OF THE EUROPEAN
COMMUNITIES,

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF
PROCEDURE:

Having regard to the Treaty establishing the European Com-
munity, in particular the fifth paragraph of Article 224 thereof,

Article 1

Having regard to the Treaty establishing the European Atomic
Energy Community, in particular Article 140(5) thereof,

The Rules of Procedure of the Court of First Instance of the
European Communities of 2 May 1991 (3), amended on
15 September 1994 (4), 17 February 1995 (5), 6 July 1995 (6),
12 March 1997 (7), 17 May 1999 (8), 6 December 2000 (9),
21 May 2003 (10), 19 April 2004 (11) and 21 April 2004 (12) are
hereby amended as follows:

Having regard to Article 63 of the Protocol on the Statute of
the Court of Justice,

1) Article 7(1) shall be replaced by the following:

Having regard to the agreement of the Court of Justice,

Having regard to the approval of the Council given on 18 July
2005 and on 3 October 2005,

Whereas:

is necessary to amend
In the light of experience,
certain provisions of the Rules of Procedure in order to
clarify their scope or to adapt them to the needs of the
efficient organisation of the conduct of proceedings.

it

‘§ 1

in Article 224 of

The Judges shall immediately after the partial replacement
provided for
the EC Treaty and
Article 140 of the EAEC Treaty, elect one of their number
as President of the Court of First Instance for a term of
three years.’;

2) The second paragraph of Article 9 shall be replaced by the

following:

‘If the President of the Court of First Instance and the Presi-
dents of the Chambers are all absent or prevented from
attending at the same time, or their posts are vacant at the
same time, the functions of President shall be exercised by
one of the other Judges according to the order of prece-
dence laid down in Article 6.’;

3) Article 24(1) shall be replaced by the following:

It is necessary to adapt
the provisions on legal aid,
having regard to those of Council Directive 2003/8/EC
of 27 January 2003 to improve access to justice in
cross-border disputes by establishing minimum common
rules relating to legal aid for such disputes (1).

There shall be kept in the Registry, under the control of
in which all pleadings and
the Registrar, a register
supporting documents shall be entered in the order in
which they are lodged.’;

‘§ 1

It is necessary to regulate appeals against decisions of
the European Union Civil Service Tribunal established by
Council Decision 2004/752/EC, Euratom of 2 November
2004 (2),

(1) OJ L 26, 31.3.2005, p. 41.
(2) OJ L 333, 9.11.2004, p. 7.

(3) OJ L 136, 30.5.1991, p. 1.
(4) OJ L 249, 24.9.1994, p. 17.
(5) OJ L 44, 28.2.1995, p. 64.
(6) OJ L 172, 22.7.1995, p. 3.
(7) OJ L 103, 19.4.1997, p. 6.
(8) OJ L 135, 29.5.1999, p. 92.
(9) OJ L 322, 19.12.2000, p. 4.
(10) OJ L 147, 14.3.2003, p. 22.
(11) OJ L 132, 29.4.2004, p. 3.
(12) OJ L 127, 29.4.2004, p. 108.

(1)

(2)

(3)

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4) The following subparagraph shall be added to Article 32(3):

(a) The single paragraph shall become paragraph 1;

‘If in the Grand Chamber or in any Chamber of five Judges
the number of Judges provided for by Article 10(1) is not
attained by reason of a Judge's being absent or prevented
from attending before the date of the opening of the oral
procedure, the President of the Court of First Instance shall
designate a Judge to complete that Chamber in order to
restore the number of Judges provided for.’;

5) Article 41(1) shall be replaced by the following:

‘§ 1

If the Court of First Instance considers that the conduct of
an adviser or lawyer towards the Court of First Instance,
the President, a Judge or the Registrar is incompatible with
the dignity of the Court of First Instance or with the
requirements of the proper administration of justice, or
that such adviser or lawyer uses his rights for purposes
other than those for which they were granted, it shall so
inform the person concerned. The Court of First Instance
to whom the
may inform the competent authorities
person concerned is answerable; a copy of the letter sent
to those authorities shall be forwarded to the person
concerned.

On the same grounds the Court of First Instance may at
any time, having heard the person concerned, exclude that
person from the proceedings by order. That order shall
have immediate effect.’;

6) Article 43 shall be amended as follows:

(b) the following paragraph shall be added:

‘§ 2

The agents, advisers or lawyers of all the parties to the
joined cases, including interveners, may examine at the
Registry the pleadings served on the parties in the
other cases concerned. The President may, however,
on application by a party, without prejudice to
Article 67(3), exclude secret or confidential documents
from that consultation.’;

9) Article 55(1) shall be replaced by the following:

‘§ 1

The Court of First Instance shall deal with the cases before
it in the order in which the preparatory inquiries in them
have been completed. Where the preparatory inquiries in
several cases are completed simultaneously, the order in
which they are to be dealt with shall be determined by the
dates of entry in the register of the applications initiating
them respectively.’;

10) Article 64(5), first subparagraph shall be replaced by the

following:

‘§ 5

(a) The following sentence shall be added to paragraph 6:

‘Article 102(2) shall not be applicable to this period of
ten days.’;

(b) The following paragraph shall be added:

If the Court of First Instance sitting in plenary session or
as the Grand Chamber decides to prescribe measures of
organisation of procedure and does not undertake such
measures itself, it shall entrust the task of so doing to the
Chamber to which the case was originally assigned or to
the Judge-Rapporteur.’;

‘§ 7

11) Article 67(1), first subparagraph shall be replaced by the

Without prejudice to the first subparagraph of para-
graph 1 or to paragraphs 2 to 5, the Court of First
Instance may by decision determine the criteria for a
procedural document sent to the Registry by electronic
means to be deemed to be the original of that docu-
ment. That decision shall be published in the Official
Journal of the European Union.’;

7) Article 46 shall be amended as follows:

following:

‘§ 1

Where the Court of First Instance sitting in plenary session
or as the Grand Chamber orders a preparatory inquiry and
does not undertake such an inquiry itself, it shall entrust
the task of so doing to the Chamber to which the case was
originally assigned or to the Judge-Rapporteur.’;

(a) The first sentence shall be replaced by the following:

12) Article 76a shall be amended as follows:

‘Within two months after service on him of the appli-
cation, the defendant shall lodge a defence, stating:’;

(b) Paragraph 3 shall be replaced by the following

‘§ 3

The time-limit laid down in paragraph 1 of this Article
may, in exceptional circumstances, be extended by the
President on a reasoned application by the defendant.’;

8) Article 50 shall be amended as follows:

(a) In paragraph 1, second subparagraph, the following

sentence shall be added:

‘That application may state that certain pleas in law or
arguments or certain passages of the application initi-
ating the proceedings or the defence are raised only in
the event that the case is not decided under an expe-
dited procedure,
in particular by enclosing with the
application an abbreviated version of the application
initiating the proceedings and a list of the annexes
which are to be taken into consideration only if the
case is decided under an expedited procedure.’;

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(b) Paragraph 2 shall be amended as follows:

(i) the single subparagraph shall become the second

subparagraph,

(ii) the following subparagraph shall be inserted:

in whole or in part,

Legal aid shall cover,
the costs
involved in legal assistance and representation by a lawyer
in proceedings before the Court of First
Instance. The
cashier of the Court of First Instance shall be responsible
for those costs.

‘By way of derogation from Article 46(1), where
in accordance with
the applicant has requested,
paragraph 1 of this Article, that the case should be
decided under an expedited procedure, the period
prescribed for the lodging of the defence shall be
one month. If the Court of First Instance decides
not to allow the request, the defendant shall be
granted an additional period of one month in
order to lodge or, at the case may be, supplement
the defence. The time-limits laid down in this sub-
paragraph may
to
Article 46(3).’;

extended

pursuant

be

(c) The following paragraph shall be added:

‘§ 4

The decision of the Court of First Instance to adjudi-
cate under an expedited procedure may prescribe
conditions as to the volume and presentation of the
pleadings of the parties; the subsequent conduct of the
proceedings or as to the pleas in law and arguments
on which the Court of First Instance will be called
upon to decide.

If one of the parties does not comply with any one of
those conditions, the decision to adjudicate under an
expedited procedure may be revoked. The proceedings
shall then continue in accordance with the ordinary
procedure.’;

13) Article 93 shall be replaced by the following:

‘Article 93

§ 1

Sums due from the cashier of the Court of First Instance
and from debtors of the Court of First Instance shall be
paid in euro.

§ 2

Where expenses to be refunded have been incurred in a
currency other than the euro or where the steps in respect
of which payment is due were taken in a country of which
the euro is not the currency, conversions of currency shall
be made at the official rates of exchange of the European
Central Bank on the day of payment.’;

14) Chapter 7 of Title 2 shall be replaced by the following:

‘Chapter 7

LEGAL AID

Article 94

§ 1

In order to ensure effective access to justice, legal aid shall
be granted for proceedings before the Court of First
Instance in accordance with the following rules.

§ 2

Any natural person who, because of his economic situa-
tion, is wholly or partly unable to meet the costs referred
to in paragraph 1 shall be entitled to legal aid.

The economic situation shall be assessed,
taking into
account objective factors such as income, capital and the
family situation.

§ 3

Legal aid shall be refused if the action in respect of which
the application is made appears to be manifestly inadmis-
sible or manifestly unfounded.

Article 95

§ 1

An application for legal aid may be made before or after
the action has been brought.

The application need not be made through a lawyer.

§ 2

The application for legal aid must be accompanied by all
information and supporting documents making it possible
to assess the applicant's economic situation, such as a
certificate issued by the competent national authority
attesting to his economic situation.

If the application is made before the action has been
brought, the applicant must briefly state the subject-matter
of the proposed action, the facts of the case and the argu-
ments in support of the action. The application must be
accompanied by supporting documents in that regard.

§ 3

The Court of First Instance may provide,
in accordance
with Article 150, for the compulsory use of a form in
making an application for legal aid.

Article 96

§ 1

Before giving its decision on an application for legal aid,
the Court of First Instance shall invite the other party to
submit its written observations unless it is already apparent
from the information produced that the conditions laid
down in Article 94(2) have not been satisfied or that those
laid down in Article 94(3) have been satisfied.

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§ 2

§ 2

The decision on the application for legal aid shall be taken
by the President by way of an order. He may refer the
matter to the Court of First Instance.

An order refusing legal aid shall state the reasons on
which it is based.

Where, by virtue of the decision closing the proceedings,
the recipient of legal aid has to bear his own costs, the
President shall
fix the lawyer's disbursements and fees
which are to be paid by the cashier of the Court of First
Instance by way of a reasoned order from which no appeal
shall
lie. He may refer the matter to the Court of First
Instance.

§ 3

§ 3

In any order granting legal aid a lawyer shall be designated
to represent the person concerned.

If the person has not indicated his choice of lawyer or if
his choice is unacceptable, the Registrar shall send a copy
of the order granting legal aid and a copy of the applica-
tion to the competent authority of
the Member State
concerned mentioned in Annex II to the Rules supple-
menting the Rules of Procedure of the Court of Justice.
The lawyer instructed to represent the applicant shall be
designated having regard to the suggestions made by that
authority.

An order granting legal aid may specify an amount to be
the person
paid to the lawyer instructed to represent
concerned or fix a limit which the lawyer's disbursements
and fees may not, in principle, exceed. It may provide for
a contribution to be made by the person concerned to the
costs referred to in Article 94(1), having regard to his
economic situation.

Where, in the decision closing the proceedings, the Court
of First Instance has ordered another party to pay the costs
of the recipient of legal aid, that other party shall be
required to refund to the cashier of the Court of First
Instance any sums advanced by way of aid.

In the event of challenge or if the party does not comply
with a demand by the Registrar to refund those sums, the
President shall rule by way of reasoned order from which
no appeal shall lie. The President may refer the matter to
the Court of First Instance.

§ 4

Where the recipient of the aid is unsuccessful, the Court of
First Instance may, in its decision, as to costs, closing the
proceedings, if equity so requires, order that one or more
parties should bear their own costs or that those costs
should be borne, in whole or in part, by the cashier of the
Court of First Instance by way of legal aid.’;

§ 4

15) Article 113 shall be replaced by the following:

The introduction of an application for legal aid shall
suspend the period prescribed for the bringing of
the
action until the date of notification of the order making a
decision on that application or, in the cases referred to in
the second subparagraph of paragraph 3, of the order
designating the lawyer instructed to represent the appli-
cant.

§ 5

If the circumstances which led to the grant of legal aid
should alter during the proceedings, the President may at
any time, on his own motion or on application, withdraw
legal aid, having heard the person concerned. He may refer
the matter to the Court of First Instance.

An order withdrawing legal aid shall contain a statement
of reasons.

§ 6

‘Article 113

The Court of First Instance may at any time, of its own
motion, after hearing the parties, decide whether there
exists any absolute bar to proceeding with an action or
declare that the action has become devoid of purpose and
that there is no need to adjudicate on it; it shall give its
decision in accordance with Article 114(3) and (4).’;

16) Article 114(2) shall be replaced by the following:

‘§ 2

As soon as the application has been lodged, the President
shall prescribe a period within which the opposite party
may lodge a document containing the form of order
sought and the arguments of fact and law relied on.’;

17) The following Title 5 shall be inserted:

‘TITLE 5

No appeal shall lie from orders made under this Article.

APPEALS AGAINST DECISIONS OF THE EUROPEAN
UNION CIVIL SERVICE TRIBUNAL

Article 97

§ 1

Article 137

§ 1

Where legal aid is granted, the President may, on applica-
tion by the lawyer of the person concerned, decide that an
amount by way of advance should be paid to the lawyer.

An appeal shall be brought by lodging a notice of appeal
at the Registry of the Court of First Instance or of the Civil
Service Tribunal.

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§ 2

The Registry of the Civil Service Tribunal shall immediately
transmit to the Registry of the Court of First Instance the
papers in the case at first instance and, where necessary,
the appeal.

Article 138

§ 1

The notice of appeal shall contain:

(a) the name and address of the appellant;

§ 2

A response shall contain:

(a) the name and address of the respondent;

(b) the date on which notice of the appeal was served on

the respondent;

(c) the pleas in law and legal arguments relied on;

(d) the form of order sought by the respondent.

Article 43 and Article 44(2) and (3) shall apply.

(b) the names of

the other parties to the proceedings

Article 142

before the Civil Service Tribunal;

(c) the pleas in law and legal arguments relied on;

(d) the form of order sought by the appellant.

Article 43 and Article 44(2) and (3) shall apply to appeals.

§ 2

The decision of the Civil Service Tribunal appealed against
shall be attached to the notice. The notice shall state the
date on which the decision appealed against was notified
to the appellant.

§ 3

If a notice of appeal does not comply with Article 44(3) or
with paragraph (2) of this Article, Article 44(6) shall apply.

Article 139

§ 1

An appeal may seek:

(a) to set aside, in whole or in part, the decision of the

Civil Service Tribunal;

(b) the same form of order, in whole or in part, as that
sought at first instance and shall not seek a different
form of order.

§ 2

The subject-matter of
Service Tribunal may not be changed in the appeal.

the proceedings before the Civil

Article 140

The notice of appeal shall be served on all the parties to
the proceedings before
Service Tribunal.
Article 45 shall apply.

the Civil

Article 141

§ 1

Any party to the proceedings before the Civil Service
Tribunal may lodge a response within two months after
service on him of the notice of appeal. The time limit for
lodging a response shall not be extended.

§ 1

A response may seek:

(a) to dismiss, in whole or in part, the appeal or to set
in whole or in part, the decision of the Civil

aside,
Service Tribunal;

(b) the same form of order, in whole or in part, as that
sought at first instance and shall not seek a different
form of order.

§ 2

The subject-matter of
Service Tribunal may not be changed in the response.

the proceedings before the Civil

Article 143

§ 1

The notice of appeal and the response may be supple-
mented by a reply and a rejoinder where the President, on
application made by the appellant within seven days of
service of the response, considers such further pleading
necessary and expressly allows the submission of a reply in
order to enable the appellant to put forward his point of
view or in order to provide a basis for the decision on the
appeal. The President shall prescribe the date by which the
reply is to be submitted and, upon service of that pleading,
the date by which the rejoinder is to be submitted.

§ 2

Where the response seeks to set aside, in whole or in part,
the decision of the Civil Service Tribunal on a plea in law
which was not raised in the appeal, the appellant or any
other party may submit a reply on that plea alone within
two months of the service of the response in question.
Paragraph 1 shall apply to any further pleading following
such a reply.

Article 144

Subject to the provisions of Articles 144 to 149 inclusive,
Articles 48(2) and Articles 49, 50, 51(1), 52, 55 to 64,
76a to 110, 115(2) and (3), 116, 123 to 127 and 129
shall apply to the procedure before the Court of First
Instance on appeal from a decision of the Civil Service
Tribunal.

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Article 145

Where the appeal is, in whole or in part, clearly inadmis-
sible or clearly unfounded, the Court of First Instance may
at any time, acting on a report from the Judge-Rapporteur
and after hearing the Advocate General, by reasoned order
dismiss the appeal in whole or in part.

Article 146

After the submission of pleadings as provided for in
Article 141(1) and, if applicable, Article 143(1) and (2),
the Court of First Instance, acting on a report from the
Judge-Rapporteur and after hearing the Advocate General
and the parties, may decide to rule on the appeal without
an oral procedure unless one of the parties submits an
application setting out the reasons for which he wishes to
be heard. The application shall be submitted within a
period of one month from notification to the party of the
closure of
the written procedure. That period may be
extended by the President.

Article 147

The preliminary report referred to in Article 52 shall be
presented to the Court of First Instance after the pleadings
provided for in Article 141(1) and where appropriate
Article 143(1) and (2) have been lodged. Where no such
pleadings are lodged, the same procedure shall apply after
the expiry of the period prescribed for lodging them.

Article 148

Where the appeal is unfounded or where the appeal is well
founded and the Court of First Instance itself gives judg-
ment in the case, the Court of First Instance shall make a
decision as to costs.

Article 88 shall apply only to appeals brought by institu-
tions;

By way of derogation from Article 87(2), the Court of First
Instance may,
in appeals brought by officials or other
servants of an institution, decide to apportion the costs
between the parties where equity so requires.

If the appeal is withdrawn Article 87(5) shall apply.

Article 149

An application to intervene made to the Court in appeal
proceedings shall be lodged before the expiry of a period
of one month running from the date of the publication of
the notice referred to in Article 24(6).’;

18) Article 136a shall be renumbered Article 150 and

Article 137 shall be renumbered Article 151.

Article 2

These amendments to the Rules of Procedure, which are
authentic in the languages mentioned in Article 35(1) of these
Rules, shall be published in the Official Journal of the European
Union. They shall enter into force on the first day of the second
month following their publication, except for points 17 and 18
of Article 1.

Points 17 and 18 of Article 1 shall enter into force on the date
on which Article 1 of Annex I to the Statute of the Court of
the
Justice
second paragraph of Article 4 of Decision 2004/752/EC,
Euratom.

accordance with

enters

force

into

in

Done at Luxembourg, 12 October 2005.

The Registrar

E. COULON

The President

B. VESTERDORF