Rules of Procedure of the European Union Civil Service Tribunal of 25 July 2007
Date: 2007-07-25
Institutions: Civil Service Tribunal
Subjects: Court of Justice of the European Union, European civil service, administrative procedure, judicial proceedings, jurisdiction

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

RULES OF PROCEDURE

RULES OF PROCEDURE OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

of 25 July 2007

THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL,

(2)

It is necessary to adopt the provisions laid down for the
functioning of the Civil Service Tribunal by the Treaties, by
the Statute of the Court of Justice, by Annex I thereto and
by Decision 2004/752/EC, Euratom, and to adopt any
other provisions necessary in order
to clarify and
supplement those acts, if the need arises.

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 225a thereof,

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

Having regard to the Protocol on the Statute of the Court of
Justice of the European Communities, and in particular Annex I
thereto,

Having regard to Council Decision 2004/752/EC, Euratom of
2 November 2004 establishing the European Union Civil Service
Tribunal, (1)

Having regard to the agreement of the Court of Justice,

Having regard to the Council's approval given on 19 April 2007,

Whereas:

(1)

The Civil Service Tribunal is required to draw up its Rules of
Procedure in agreement with the Court of Justice and with
the approval of the Council, acting by a qualified majority.

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

(3)

It is necessary to provide procedures for the Civil Service
Tribunal
in keeping with the needs of a court of first
instance and with the task entrusted to it of adjudicating in
accordance with rules adapted to the particular features of
the cases that it has to hear and determine, examining the
possibilities of an amicable settlement of disputes at all
stages of the procedure.

(4)

It is desirable, in order to guarantee the unity and coherence
of the judicial system as a whole, that the rules applicable to
procedure before the Civil Service Tribunal should not
diverge any further
than is necessary from the rules
applicable to procedure before the Court of Justice under
the latter's Rules of Procedure, adopted on 19 June
1991, (2) as subsequently amended, and to procedure
before the Court of First Instance under the latter's Rules of
Procedure, adopted on 2 May 1991, (3) as subsequently
amended.

(2) OJ L 176 of 4.7.1991, p. 7. Rules of Procedure most recently
amended by Council Decision 2006/955/EC, Euratom (OJ L 386 of
29.12.2006, p. 44).

(3) OJ L 136 of 30.5.1991, p. 1. Rules of Procedure most recently
amended by Council Decision 2006/956/EC, Euratom (OJ L 386 of
29.12.2006, p. 45).

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HEREBY ADOPTS THE FOLLOWING

RULES OF PROCEDURE

PRELIMINARY PROVISIONS

Article 1

Interpretation

1.

In these Rules:

— ‘EC Treaty’ means the Treaty establishing the European Community;

— ‘EAEC Treaty’ means the Treaty establishing the European Atomic Energy Community (Euratom);

— ‘Statute of the Court of Justice’ means the Protocol on the Statute of the Court of Justice;

— ‘Staff Regulations’ means the Regulation laying down the Staff Regulations of Officials of the European
Communities and the Conditions of Employment of other servants of the European Communities.

2.

For the purposes of these Rules:

— ‘Tribunal’ means the European Union Civil Service Tribunal or, for cases dealt with by a Chamber or a

single Judge, that Chamber or that Judge;

— ‘President of the Tribunal’ means the President of that court exclusively, ‘President’ meaning the president

of the formation of the court;

— ‘institutions’ means the institutions of the Communities and bodies which are established by the Treaties,
or by an act adopted in implementation thereof, and which may be parties before the Tribunal.

TITLE 1

ORGANISATION OF THE TRIBUNAL

C h a p t e r 1

PRESIDENT AND MEMBERS OF THE TRIBUNAL

Article 2

Judges' term of office

2.
Immediately after taking the oath, a Judge shall sign a
declaration by which he solemnly undertakes that, both during
and after his term of office, he will respect the obligations arising
therefrom, and in particular the duty to behave with integrity
and discretion as regards the acceptance, after he has ceased to
hold office, of certain appointments and benefits.

1. The term of office of a Judge shall begin on the date laid
down in his instrument of appointment.

Article 4

In the absence of any provision regarding the date, the term

2.
shall begin on the date of the instrument.

Disqualification and removal of a Judge

Article 3

Taking of the oath

1. Before taking up his duties, a Judge shall take the following
oath before the Court of Justice of the European Communities:

1. When the Court of Justice is called upon to decide, after
consulting the Tribunal, whether a Judge no longer fulfils the
requisite conditions or no longer meets the obligations arising
from his office, the President of the Tribunal shall invite the Judge
in closed
concerned to make representations to the Tribunal
session and in the absence of the Registrar.

‘I swear that I will perform my duties impartially and conscientiously; I
swear that I will preserve the secrecy of the deliberations of the Court.’

2. The Tribunal shall state the reasons for its opinion.

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3. An opinion to the effect that a Judge no longer fulfils the
requisite conditions or no longer meets the obligations arising
from his office must receive the votes of at least a majority of the
Judges of the Tribunal. In that event, particulars of the voting
shall be communicated to the Court of Justice.

4. Voting shall be by secret ballot; the Judge concerned shall
not take part in the deliberations.

Article 5

Precedence

1. With the exception of the President of the Tribunal and of
the Presidents of the Chambers, the Judges shall rank equally in
precedence according to their seniority in office.

2. Where there is equal seniority in office, precedence shall be
determined by age.

3. Retiring Judges who are reappointed shall retain their former
precedence.

Article 6

Election of the President of the Tribunal

1.
In accordance with Article 4(1) of Annex I to the Statute of
the Court of Justice, the Judges shall elect the President of the
Tribunal from among their number for a term of three years. He
may be re-elected.

2.
If the office of President of the Tribunal falls vacant before
the usual date of expiry of his term, the Tribunal shall elect a
successor for the remainder thereof.

3. The elections provided for in this Article shall be by secret
ballot. If a Judge obtains an absolute majority he shall be elected.
If no Judge obtains an absolute majority, a second ballot shall be
held and the Judge obtaining the most votes shall be elected.
Where two or more Judges obtain an equal number of votes, the
oldest of them shall be deemed elected.

4. The name of the President of the Tribunal shall be published
in the Official Journal of the European Union.

Article 7

— any Chamber sitting with three Judges to which he is

attached.

Article 8

Replacement of the President of the Tribunal

When the President of the Tribunal is absent or prevented from
attending or when the office of President is vacant, the functions
of President shall be exercised according to the order of
precedence laid down pursuant to Article 5.

C h a p t e r 2

FORMATIONS OF THE COURT

Article 9

Formations of the court

By virtue of Article 4(2) of Annex I to the Statute of the Court of
Justice, the Tribunal shall sit in full court, in a Chamber of five
Judges, Chambers of three Judges or as a single Judge.

Article 10

Constitution of Chambers

1. The Tribunal shall set up Chambers sitting with three Judges.
It may set up a Chamber sitting with five Judges.

2. The Tribunal shall decide which Judges shall be attached to
the Chambers. If the number of Judges attached to a Chamber is
greater than the number of Judges sitting, it shall decide how to
designate the Judges taking part in the formation of the court.

3. Decisions taken in accordance with this article shall be
published in the Official Journal of the European Union.

Article 11

Presidents of Chambers

In accordance with Article 4(3) of Annex I to the Statute of
1.
the Court of Justice, the Judges shall elect from among their
number for a term of three years the Presidents of the Chambers
sitting with three Judges. The election shall be carried out in
accordance with the procedure laid down in Article 6(3). They
may be re-elected.

Responsibilities of the President of the Tribunal

2. Article 6(2) and (4) shall apply.

1. The President of
business and the administration of the Tribunal.

the Tribunal shall direct

the judicial

3. The Presidents of Chambers shall direct the judicial business
of their Chambers and shall preside at sittings and deliberations.

2. He shall preside at sittings and deliberations in closed
session of:

— the full court;

— the Chamber sitting with five Judges;

4. When the President of a Chamber is absent or prevented
from attending or when the office of President is vacant, the
Chamber shall be presided over by a member thereof according
to the order of precedence laid down pursuant to Article 5.

If, exceptionally, the President of the Tribunal is called upon

5.
to complete the formation of the court, he shall preside.

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Article 12

C h a p t e r 3

Ordinary formation of the court — Assignment of cases to
Chambers

1. Without prejudice to Article 13 or Article 14, the Tribunal
shall sit in Chambers of three Judges.

2. The Tribunal shall lay down criteria by which cases are to be
assigned to the Chambers.

REGISTRY AND DEPARTMENTS

Section 1 — The Registry

Article 15

Appointment of the Registrar

1. The Tribunal shall appoint the Registrar.

3. The decision provided for in the previous paragraph shall be
published in the Official Journal of the European Union.

2. Two weeks before the date fixed for making the appoint-
ment, the President of the Tribunal shall inform the Judges of the
applications which have been submitted for the post.

Article 13

Referral of a case to the full court or to the Chamber sitting
with five Judges

1. Whenever the difficulty of the questions of law raised or the
importance of the case or special circumstances so justify, a case
may be referred to the full court or to the Chamber sitting with
five Judges.

3. The appointment shall be made in accordance with the
procedure laid down in Article 6(3).

4. The name of the Registrar elected shall be published in the
Official Journal of the European Union.

5. The Registrar shall be appointed for a term of six years. He
may be reappointed.

2. The decision to refer shall be taken by the full court on a
proposal by the Chamber hearing the case or by any member of
the Tribunal. It may be taken at any stage of the proceedings.

6. Before he takes up his duties the Registrar shall take the oath
before the Tribunal in accordance with Article 3.

Article 14

Referral of a case to a single Judge

1. Cases assigned to a Chamber sitting with three Judges may
be heard and determined by the Judge-Rapporteur sitting as a
single Judge where, having regard to the lack of difficulty of the
questions of law or fact raised, to the limited importance of the
case and to the absence of other special circumstances, they are
suitable for being so heard and determined.

Referral to a single Judge shall not be possible in cases which
raise issues as to the legality of an act of general application.

2. The decision to refer shall be taken unanimously, the parties
having been heard, by the Chamber before which the case is
pending. It may be taken at any stage of the proceedings.

If the single Judge to whom the case has been referred is
3.
absent or prevented from attending, the President shall designate
another Judge to replace that Judge.

4. The single Judge shall refer the case back to the Chamber if
he finds that the conditions set out in paragraph 1 above are no
longer satisfied.

In cases heard by a single Judge, the powers of the President

5.
shall be exercised by that Judge.

Article 16

Vacancy of the office of Registrar

1. The Registrar may be deprived of his office only if he no
longer fulfils the requisite conditions or no longer meets the
obligations arising from his office; the Tribunal shall take its
decision after giving the Registrar an opportunity to make
representations.

2.
If the office of Registrar falls vacant before the usual date of
expiry of the term thereof, the Tribunal shall appoint a new
Registrar for a term of six years.

Article 17

Assistant Registrar

The Tribunal may, following the procedure laid down in respect
of the Registrar, appoint an Assistant Registrar to assist the
Registrar and to take his place in so far as the Instructions to the
Registrar referred to in Article 19(4) allow.

Article 18

Absence or inability to attend of the Registrar

Where the Registrar is absent or prevented from attending and, if
necessary, where the Assistant Registrar
so
prevented, or where their posts are vacant, the President of the
Tribunal shall designate an official or servant to carry out the
duties of Registrar.

is absent or

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Article 19

Duties of the Registrar

1. The Registrar shall assist the Tribunal, the President of the
Tribunal and the Judges in the performance of their functions. He
shall be responsible for the organisation and activities of the
Registry under the authority of the President of the Tribunal.

2. The Registrar shall have custody of the seals. He shall be
responsible for the records and be in charge of the Tribunal's
publications. The Registrar shall be responsible, under
the
authority of the President of the Tribunal, for the acceptance,
transmission and custody of all documents and for effecting
service as provided for by these Rules.

Subject to Articles 4, 16(1) and 27, the Registrar shall attend

3.
the sittings of the Tribunal.

4. The Tribunal shall adopt its Instructions to the Registrar,
acting on a proposal from the President of the Tribunal. They
shall be published in the Official Journal of the European Union.

Article 20

Keeping of the register

1. There shall be kept in the Registry, under the control of the
Registrar, a register in which all pleadings and supporting
documents shall be entered.

2. Rules for keeping the register shall be prescribed by the
Instructions to the Registrar referred to in Article 19(4).

3. Any person having a duly substantiated interest may consult
the register at the Registry and obtain copies or extracts on
payment of a charge on a scale fixed by the Tribunal on a
proposal from the Registrar.

4. Any party to proceedings may in addition obtain, on
payment of the appropriate charge, additional copies of the
pleadings or of the orders and judgments.

5. No third party, private or public, may have access to the
case-file or to the procedural documents without the express
authorisation of the President, after the parties have been heard.
That authorisation may be granted only upon written request
accompanied by a detailed explanation of
the third party's
legitimate interest in inspecting the file.

Section 2 — The Departments

Article 21

Officials and other servants

1. The officials and other servants whose task is to assist
directly the President of the Tribunal, the Judges and the Registrar
shall be appointed in accordance with the Staff Regulations. They
shall be responsible to the Registrar, under the authority of the
President of the Tribunal.

2. Before the President of the Tribunal, in the presence of the
Registrar, they shall take the following oath:

‘I swear that I will perform loyally, discreetly and conscientiously the
duties assigned to me by the European Union Civil Service Tribunal.’

Article 22

Administration and financial management of the Tribunal

the Tribunal,

The Registrar shall be responsible, under the authority of the
President of
financial
for
management and accounts of the Tribunal; he shall be assisted in
this by the departments of the Court of Justice and the Court of
First Instance.

the administration,

C h a p t e r 4

WORKING OF THE TRIBUNAL

Article 23

Dates, times and place of the sittings of the Tribunal

1. The dates and times of the sittings of the Tribunal shall be
fixed by the President.

2. The Tribunal may choose to hold one or more particular
sittings in a place other than that in which it has its seat.

Article 24

Quorum

Sittings of the Tribunal shall be valid only if the following
quorum is observed:

— five Judges for the full court;

— three Judges for the Chamber sitting with five Judges or for

the Chambers sitting with three Judges.

Article 25

Absence or inability to attend of a Judge

1.
If, because a Judge is absent or prevented from attending, the
quorum is not attained, the President shall adjourn the sitting
until the Judge is no longer absent or prevented from attending.

2.
In order to attain a quorum in a Chamber, the President may
also, if the proper administration of justice so requires, complete
the formation of the court with another Judge of the same
Chamber or, failing that, propose that the President of
the
Tribunal should designate a Judge from another Chamber. The
replacement Judge shall be designated by turn according to the
order of precedence referred to in Article 5, with the exception, if
possible, of the President of the Tribunal and of the Presidents of
Chambers.

If the formation of the court is completed pursuant to
the oral procedure shall be

3.
paragraph 2 after the hearing,
reopened.

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Article 26

Absence or inability to attend, before the hearing, of a Judge
of the Chamber sitting with five Judges

If, in the Chamber sitting with five Judges, a Judge is absent or
prevented from attending before the hearing, the President of the
Tribunal shall designate another Judge according to the order of
precedence referred to in Article 5. If the number of five Judges
the hearing may nevertheless be held,
cannot be restored,
provided that the quorum is attained.

Article 27

Deliberations

1. The Tribunal shall deliberate in closed session.

2. Only those Judges who were present at the hearing may take
part in the deliberations.

In accordance with the first paragraph of Article 17 of the
3.
Statute of the Court of Justice and the first paragraph of Article 5
of Annex I to the Statute, deliberations of the Tribunal shall be
valid only if an uneven number of Judges is sitting in the
deliberations.

Article 28

Judicial vacations

Subject to any special decision of the Tribunal, its vacations

1.
shall be as follows:

— from 18 December to 10 January,

— from the Sunday before Easter to the second Sunday after

Easter,

— from 15 July to 15 September.

2. During the vacations, the functions of President of the
Tribunal shall be exercised at the place where the Tribunal has its
seat either by the President of the Tribunal, keeping in touch with
the Registrar, or by a President of Chamber or other Judge invited
by the President to take his place.

In a case of urgency, the President may convene the Judges.

3. The Tribunal shall observe the official holidays of the place
where it has its seat.

4. The Tribunal may, in proper circumstances, grant leave of
absence to any Judge.

If, in the Chamber sitting with five Judges or in the full court,
there is an even number of Judges, as a result of a Judge's being
absent or prevented from attending, the lowest-ranking Judge,
according to the order of precedence fixed pursuant to Article 5,
shall abstain from taking part in the deliberations, unless he is
the Judge-Rapporteur.
the Judge
last case,
immediately senior to him who shall abstain.

In that

is

it

C h a p t e r 5

LANGUAGES

Article 29

Language arrangements

Every Judge taking part in the deliberations shall state his

4.
opinion and the reasons for it.

Any Judge may require that any question be formulated in the
language of his choice and communicated in writing to the other
Judges before being put to the vote.

The conclusions reached by the majority of the Judges after final
discussion shall determine the decision of the Tribunal. Votes
shall be cast in reverse order to the order of precedence laid
down pursuant to Article 5.

Differences of view on the substance, wording or order of
questions, or on the interpretation of a vote, shall be settled by
decision of the Tribunal.

5. Where the deliberations of the Tribunal concern questions
of its own administration, the Registrar shall be present, unless
the Tribunal decides to the contrary.

By virtue of Article 64 of the Statute of the Court of Justice and
Article 7(2) of Annex I to the Statute, the provisions of the Rules
of Procedure of the Court of First Instance governing language
arrangements shall apply to the Tribunal.

C h a p t e r 6

RIGHTS AND OBLIGATIONS OF THE PARTIES'
REPRESENTATIVES

Article 30

Privileges, immunities and facilities

1. The parties' representatives, appearing before the Tribunal or
before any judicial authority to which it has addressed letters
rogatory, shall enjoy immunity in respect of words spoken or
written by them concerning the case or the parties.

2. The parties' representatives shall enjoy the following further
privileges and facilities:

6. Where the Tribunal sits without the Registrar being present
it shall, if necessary, instruct the lowest-ranking Judge, according
to the order of precedence referred to in Article 5, to draw up
minutes. The minutes shall be signed by this Judge and by the
President.

(a)

papers and documents relating to the proceedings shall be
exempt from both search and seizure; in the event of a
dispute the customs officials or police may seal those
papers and documents; they shall then be immediately

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forwarded to the Tribunal for inspection in the presence of
the Registrar and of the person concerned;

(b)

(b)

representatives

the parties'
shall be entitled to such
allocation of foreign currency as may be necessary for the
performance of their duties;

(c)

the parties' representatives shall be entitled to travel in the
course of duty without hindrance.

specified in
3. The privileges,
paragraphs 1 and 2 are granted exclusively in the interests of
the proper conduct of proceedings.

and facilities

immunities

4. The Tribunal may waive the immunity where it considers
that the proper conduct of proceedings will not be hindered
thereby.

Article 31

Status of the parties' representatives

In order to qualify for the privileges, immunities and facilities
specified in Article 30, persons entitled to them shall furnish
proof of their status as follows:

(a)

agents shall produce an official document issued by the
party for whom they act and shall forward without delay a
copy thereof to the Registrar;

advisers and lawyers shall produce a certificate signed by
the Registrar. The validity of this certificate shall be limited
to a specified period, which may be extended or curtailed
according to the length of the proceedings.

Article 32

Exclusion from the proceedings

If

1.
the Tribunal considers that the conduct of a party's
representative towards the Tribunal, the President, a Judge or the
Registrar is incompatible with the dignity of the Tribunal or with
the requirements of the proper administration of justice, or that
such representative uses his rights for purposes other than those
for which they were granted,
it shall so inform the person
concerned. The Tribunal may inform the competent authorities
to whom the 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 Tribunal may at any time, having heard
the person concerned, exclude that person from the proceedings
by order. That order shall have immediate effect.

2. Where a party's
representative is excluded from the
proceedings, the proceedings shall be suspended for a period
fixed by the President in order to allow the party concerned to
appoint another representative.

3. Decisions taken under this Article may be rescinded.

TITLE 2

PROCEDURE

C h a p t e r 1

WRITTEN PROCEDURE

Article 33

General provisions

1. The written procedure shall comprise the lodging of the
in the circumstances
the defence and,
application and of
provided for in Article 41, the lodging of a reply and a rejoinder.

copy for every other party to the proceedings. Copies shall be
certified by the party lodging them.

Institutions shall in addition produce, within time-limits laid
2.
down by the Tribunal, translations of the pleadings of which they
are the author into the other languages provided for by Article 1
of Council Regulation No 1. The second subparagraph of
paragraph 1 shall apply.

2. The President shall fix the dates or time-limits by which the
pleadings must be lodged.

3. All pleadings shall bear a date. In the reckoning of time-
limits for taking steps in proceedings only the date of lodging at
the Registry shall be taken into account.

Article 34

Lodging of pleadings

4. To every pleading there shall be annexed a file containing
the documents relied on in support of
it, together with a
schedule listing them.

1. The original of every pleading must be signed by the party's
representative.

The original, accompanied by all annexes referred to therein,
shall be lodged together with five copies for the Tribunal and a

5. Where in view of the length of a document only extracts
from it are annexed to the pleading, the whole document or a full
copy of it shall be lodged at the Registry.

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received at

6. Without prejudice to the provisions of paragraphs 1 to 4,
the date on which a copy of the signed original of a pleading,
including the schedule of documents referred to in paragraph 4,
is
the Registry by any technical means of
communication available to the Tribunal shall be deemed to be
the date of lodging for the purposes of compliance with the
time-limits for taking steps in proceedings, provided that the
signed original of the pleading, accompanied by the annexes and
copies referred to in the second subparagraph of paragraph 1, is
lodged at the Registry no later than 10 days after the copy of the
original was received. Article 100(3) shall not be applicable to
this period of 10 days.

7. Without prejudice to the first subparagraph of paragraph 1
or to paragraphs 2 to 4, the Tribunal 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
document. That decision shall be published in the Official Journal
of the European Union.

Article 35

Application

1. An application of the kind referred to in Article 21 of the
Statute of the Court of Justice shall state:

(a)

the name and address of the applicant;

— or else both the methods of transmission of service referred

to above.

4.
If the application does not comply with the requirements
referred to in paragraph 3, all service on the party concerned for
the purposes of the proceedings shall be effected, for so long as
the defect has not been cured, by registered letter addressed to
that party's representative. By way of derogation from Arti-
cle 99(1), service shall then be deemed to have been duly effected
by the lodging of the registered letter at the post office of the
place where the Tribunal has its seat.

lawyer must

5. The applicant's
the Registry a
certificate that he is authorised to practise before a court of a
Member State or of another State party to the Agreement on the
European Economic Area.

lodge at

Article 36

Putting the application in order

If an application does not comply with the requirements set out
in Article 35(1)(a), (b), (c), (2) or (5), the Registrar shall prescribe
a reasonable period within which the applicant is to comply with
them by putting the application in order. If the applicant fails to
put the application in order within the time prescribed, the
Tribunal shall decide whether the non-compliance with these
conditions renders the application formally inadmissible.

(b)

the description and address of the signatory;

Article 37

(c)

(d)

the designation of the party against whom the application
is made;

the subject-matter of the proceedings and the form of order
sought by the applicant;

(e)

the pleas in law and the arguments of fact and law relied on;

(f) where appropriate, the nature of any evidence offered in

support.

2. To the application there shall be annexed, where appro-
priate:

(a)

the act of which annulment is sought;

(b)

the complaint within the meaning of Article 90(2) of the
Staff Regulations and the decision responding to the
complaint together with the dates on which the complaint
was submitted and the decision notified.

For the purposes of the proceedings, the application shall

3.
state:

— an address for service in the place where the Tribunal has its
seat and the name of the person authorised to accept
service;

— or any technical means of communication available to the
Tribunal by which the applicant's representative agrees to
accept service;

Service of the application and notice in the Official Journal

1. The application shall be served on the defendant. In the
cases provided for by Article 36, service shall be effected as soon
as the application has been put in order or, failing that, as soon as
the Tribunal has declared it admissible.

2. Notice shall be given in the Official Journal of the European
Union of the date on which the application was lodged, the
parties, the subject-matter and description of the proceedings
and the form of order sought by the applicant.

Article 38

First assignment of a case to a formation of the court

As soon as the application initiating proceedings has been
lodged, the President of the Tribunal shall assign the case to one
of the Chambers sitting with three Judges in accordance with the
criteria set out in Article 12(2).

The President of that Chamber shall propose to the President of
the Tribunal, in respect of each case assigned, the designation of a
Judge to act as Rapporteur; the President of the Tribunal shall
decide on the proposal.

Article 39

Defence

1. Within two months after service of the application, the
defendant shall lodge a defence stating:

(a)

the name and address of the defendant;

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(b)

the description and address of the signatory;

(c)

the form of order sought by the defendant;

(d)

the pleas in law and the arguments of fact and law relied on;

(e) where appropriate, the nature of any evidence offered in

support.

The provisions of Article 35(3) and (4) shall apply.

The lawyer acting for the defendant must lodge at the Registry a
certificate that he is authorised to practise before a court of a
Member State or of another State party to the Agreement on the
European Economic Area.

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

Article 40

Forwarding pleadings to the Council and the Commission

Where the Council or the Commission is not a party to a case,
the Tribunal shall send to it copies of the application and of the
defence, without the annexes thereto, to enable it to assess
whether the inapplicability of one of its acts is being invoked
under Article 241 of the EC Treaty or Article 156 of the EAEC
Treaty.

Article 41

Second exchange of pleadings

Pursuant to Article 7(3) of Annex I to the Statute of the Court of
Justice, the Tribunal may decide, either of its own motion or on a
reasoned application by the applicant, that a second exchange of
written pleadings is necessary to supplement the documents
before the Tribunal.

Article 42

Offers of further evidence

The parties may offer further evidence in support of
their
arguments until the end of the hearing, on condition that the
delay in offering it is duly justified.

Article 43

New pleas in law

1. No new plea in law may be introduced after the first
exchange of pleadings unless it is based on matters of law or of
fact which come to light in the course of the procedure.

2.
If in the course of the procedure one of the parties puts
forward a new plea in law, the President may, even after the
expiry of the normal procedural time-limits, acting on a report of
the Judge-Rapporteur, allow the other party time to answer on
that plea.

Consideration of the admissibility of the plea shall be reserved
for the final decision.

Article 44

Documents — Confidentiality — Anonymity

1.
Subject to the provisions of Article 109(5), the Tribunal shall
take into consideration only those documents which have been
made available to the parties' representatives and on which they
have been given an opportunity of expressing their views.

the Tribunal

is necessary for

to verify the
2. Where it
confidentiality, in respect of one or more parties, of a document
that may be relevant in order to rule in a case, that document
shall not be communicated to the parties before such verification
is completed. The Tribunal may by way of order request the
production of such a document.

3. Where a document to which access has been denied by a
Community institution has been produced before the Tribunal in
proceedings relating to the legality of that denial, that document
shall not be communicated to the other parties.

4. On a reasoned application by a party or of its own motion,
the Tribunal may omit the name of the applicant or of other
persons mentioned in connection with the proceedings, or
certain information, from the publications relating to a case if
there are legitimate reasons for keeping the identity of a person
or the information confidential.

Article 45

Preliminary report

1. After the final exchange of
the
President shall fix a date on which the Judge-Rapporteur is to
present his preliminary report to the Tribunal.

the parties' pleadings,

2. The preliminary report shall contain recommendations as to
whether measures of organisation of procedure or measures of
inquiry should be undertaken, as to the possibility of an amicable
settlement of the dispute and as to whether the case should be
referred to the full court, to the Chamber sitting with five Judges
or to the Judge-Rapporteur sitting as a single Judge.

3. The Tribunal shall decide what action to take upon the
recommendations of the Judge-Rapporteur.

Article 46

Connection — Joinder

1.
In the interests of the proper administration of justice, the
President may, at any time, after hearing the parties, order that
two or more cases shall, on account of the connection between
them, be joined for the purposes of the written or oral procedure
or of the final decision. The cases may subsequently be disjoined.
The President may refer these matters to the Tribunal.

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2. Where cases assigned to different formations of the court are
to be joined on account of the connection between them, the
President of the Tribunal shall decide on their re-assignment.

Article 51

Conduct of the hearing

3. The representatives of the parties to the joined cases 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 44(1) and
(2), exclude secret or confidential documents
from that
examination.

1. The proceedings shall be opened and directed by the
President, who shall be responsible for the proper conduct of the
hearing.

2. The oral proceedings in cases heard in camera shall not be
published.

Article 47

3. A party may address
representative.

the Tribunal only through his

Order in which cases are to be dealt with

1. The Tribunal shall deal with the cases before it in the order
in which they become ready for examination.

2. The President may in special circumstances direct that a
particular case be given priority.

in special
3. The President may, after hearing the parties,
circumstances,
in particular with a view to facilitating an
amicable settlement of the dispute, either on his own initiative or
at the request of one of the parties, defer a case to be dealt with
later.

C h a p t e r 2

ORAL PROCEDURE

Article 48

Holding of hearings

4. The President and each of the Judges may in the course of
the hearing:

(a)

put questions to the parties' representatives;

(b)

invite the parties themselves to express their views on
certain aspects of the case.

Article 52

Close of the oral procedure

1. The President shall declare the oral procedure closed at the
end of the hearing.

2. The Tribunal may order the reopening of the oral procedure.

Article 53

Minutes of the hearing

1. Without prejudice to the special provisions of these Rules
permitting the Tribunal to adjudicate by way of order, and
subject to paragraph 2, the procedure before the Tribunal shall
include a hearing.

1. The Registrar shall draw up minutes of every hearing. The
minutes shall be signed by the President and by the Registrar and
shall constitute an official record.

2. Where there has been a second exchange of pleadings and
the Tribunal considers that it is unnecessary to hold a hearing, it
may, with the agreement of the parties, decide to proceed to
judgment without a hearing.

Article 49

Date of the hearing

The President shall fix the date of the hearing.

Article 50

Absence of the parties from the hearing

2. The parties may inspect the minutes at the Registry and
obtain copies at their own expense.

C h a p t e r 3

MEASURES OF ORGANISATION OF PROCEDURE AND
MEASURES OF INQUIRY

Article 54

General provisions

1. The purpose of measures of organisation of procedure and
measures of inquiry shall be to ensure that cases are prepared for
hearing, procedures carried out and disputes resolved under the
best possible conditions.

The parties' representatives, duly invited to the hearing, shall be
required to inform the Registry in good time if they do not wish
to be present.

Those measures may be adopted or varied at any stage of the
proceedings.

Where the representatives of all the parties have stated that they
will not be present at the hearing, the Tribunal may decide that
the oral procedure is closed.

2.
Each party may, at any stage of the proceedings, propose the
adoption or modification of measures of organisation of
procedure or of inquiry. In that case, the other parties shall be
heard before those measures are prescribed.

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3. Where the procedural circumstances so require, the Judge-
Rapporteur or, where appropriate, the Tribunal shall inform the
parties of the measures envisaged in order to give them an
opportunity to submit their observations orally or in writing.

(c)

asking third parties to produce documents or any papers
relating to the case;

(d)

oral testimony;

Section 1 — Measures of organisation of procedure

(e)

the commissioning of an expert's report;

Article 55

Purpose and types

(f)

an inspection of the place or thing in question.

1. Measures of organisation of procedure shall have as their
purpose:

(a)

(b)

(c)

to ensure efficient conduct of
procedure and to facilitate the taking of evidence;

the written and oral

to determine the points on which the parties must present
further argument or which would call for a measure of
inquiry;

to clarify the forms of order sought by the parties, their
pleas in law and arguments and the points at issue between
them.

2. Measures of organisation of procedure may, in particular,
consist of:

(a)

putting questions to the parties;

Article 58

Procedure

1. Measures of inquiry shall be prescribed by the Tribunal.

2. The decision concerning the measures referred to in Arti-
cle 57(d), (e) and (f) shall be taken by means of an order setting
out the facts to be proved, after the parties have been heard.

The decision concerning the measures referred to in Arti-
cle 57(a), (b) and (c) shall be notified to the parties by the
Registrar.

3. The parties may be present at the measures of inquiry.

4. Where the Tribunal decides to adopt a measure of inquiry
but does not undertake such a measure itself, it shall entrust the
task of so doing to the Judge-Rapporteur.

(b)

inviting the parties to make written or oral submissions on
certain aspects of the proceedings;

5. A party may always submit evidence in rebuttal or amplify
previous evidence.

(c)

asking the parties for information or particulars;

Section 3 — The summoning and examination of witnesses
and experts

(d)

asking the parties to produce documents or any papers
relating to the case;

(e)

summoning the parties to meetings.

Article 59

Summoning of witnesses

Article 56

Procedure

Without prejudice to Article 44(2), measures of organisation of
procedure shall be prescribed by the Judge-Rapporteur unless he
refers the matter to the Tribunal on account of the scope of the
measures envisaged or of their importance to the disposal of the
case. The Registrar shall be responsible for notifying them to the
parties.

Section 2 — Measures of inquiry

Article 57

Types

its own motion or on
1. The Tribunal may, either of
application by one of the parties, order that certain facts be
proved by witnesses.

An application by a party for the examination of a witness shall
state precisely about what facts and for what reasons the witness
should be examined.

2. A witness whose examination is considered necessary shall
be summoned by the Tribunal by means of an order containing
the following information:

(a)

the surname, forenames, description and residence of the
witness;

(b)

the date and place of the hearing;

Without prejudice to the provisions of Articles 24 and 25 of the
Statute of the Court of Justice, the following measures of inquiry
may be adopted:

(c)

an indication of the facts about which the witness is to be
examined;

(a)

the appearance of the parties themselves;

(b)

asking third parties for information or particulars;

(d) where appropriate, particulars of the arrangements made
by the Tribunal for reimbursement of expenses incurred by
the witness, and of the sanctions which may be imposed on
defaulting witnesses.

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3. The Tribunal may, in exceptional circumstances, make the
summoning of a witness for whose examination a party has
applied conditional upon the deposit with the cashier of the
Tribunal of a sum sufficient to cover the taxed costs thereof; the
Tribunal shall fix the amount of the payment.

If the witness proffers a valid excuse to the Tribunal, the
3.
pecuniary sanction imposed on him may be cancelled. The
pecuniary sanction imposed may be reduced at the request of the
witness where he establishes that it is disproportionate to his
income.

The cashier of the Tribunal shall advance the funds necessary in
connection with the examination of any witness summoned by
the Tribunal of its own motion.

4.
Sanctions imposed and other measures ordered under this
Article shall be enforced in accordance with Articles 244 and
256 of the EC Treaty and Articles 159 and 164 of the EAEC
Treaty.

Article 60

Examination of witnesses

1. After the identity of the witness has been established, the
President shall inform him that he will be required to vouch the
truth of his evidence in the manner laid down in paragraph 2 and
in Article 63.

The witness shall give his evidence to the Tribunal, the parties
having been given notice to attend. After the witness has given
his main evidence the President and each of the Judges may, at
the request of a party or of his own motion, put questions to
him.

Subject to the control of the President, questions may be put to
witnesses by the representatives of the parties.

Subject to the provisions of Article 63, the witness shall,

2.
before giving his evidence, take the following oath:

Article 62

Experts' reports

1. The Tribunal may, either of
its own motion or on
application by one of the parties, order that an expert's report
be obtained. The order appointing the expert shall define his task
and set a time-limit within which he is to make his report.

2. The expert shall receive a copy of the order, together with all
the documents necessary for carrying out his task. He shall be
under the supervision of the Judge-Rapporteur, who may be
present during his investigation and who shall be kept informed
of his progress in carrying out his task.

The Tribunal may request the parties or one of them to lodge
security for the costs of the expert's report.

‘I swear that I shall tell the truth, the whole truth and nothing but the
truth.’

3. At the request of the expert, the Tribunal may order the
examination of witnesses. Their examination shall be carried out
in accordance with Article 60.

The Tribunal may, after hearing the parties, exempt a witness
from taking the oath.

4. The expert may give his opinion only on points which have
been expressly referred to him.

3. The Registrar shall draw up minutes in which the evidence
of each witness is reproduced.

The minutes shall be signed by the President or by the Judge-
Rapporteur responsible for conducting the examination of the
witness, and by the Registrar. Before the minutes are thus signed,
witnesses must be given an opportunity to check the content of
the minutes and to sign them.

5. After the expert has made his report, the Tribunal may order
that he be examined, the parties having been given notice to
attend.

Subject to the control of the President, questions may be put to
the expert by the representatives of the parties.

The minutes shall constitute an official record.

6.
Subject to the provisions of Article 63, the expert shall, after
making his report, take the following oath before the Tribunal:

Article 61

Duties of witnesses

1. Witnesses who have been duly summoned shall obey the
summons and attend for examination.

2.
If a witness who has been duly summoned fails to appear
before the Tribunal, the latter may impose upon him a pecuniary
sanction not exceeding EUR 5 000 and may order that a further
summons be served at the witness's own expense.

The same sanction may be imposed upon a witness who, without
good reason, refuses to give evidence or to take the oath or
where appropriate to make a solemn affirmation equivalent
thereto.

‘I swear that I have conscientiously and impartially carried out my task.’

The Tribunal may, after hearing the parties, exempt the expert
from taking the oath.

Article 63

Oath

1. The President shall instruct any person who is required to
take an oath before the Tribunal, as witness or expert, to tell the
truth or to carry out his task conscientiously and impartially, as
the case may be, and shall warn him of the criminal liability
provided for in his national law in the event of any breach of this
duty.

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in
shall
2. Witnesses and experts
accordance with the first subparagraph of Article 60(2) and
the first subparagraph of Article 62(6) or in the manner laid
down by their national law.

take the oath either

3. Where the national law provides the opportunity to make,
in judicial proceedings, a solemn affirmation equivalent to an
oath as well as or instead of taking an oath, the witnesses and
experts may make such an affirmation under the conditions and
in the form prescribed in their national law.

Where their national law provides neither for taking an oath nor
for making a solemn affirmation, the procedure described in
paragraph 1 shall be followed.

Article 64

Perjury

1. The Tribunal may decide to report
to the competent
authority, referred to in Annex III to the Rules supplementing the
Rules of Procedure of the Court of Justice, of the Member State
whose courts have criminal jurisdiction any case of perjury on
the part of a witness or expert before the Tribunal, account being
taken of the provisions of Article 63.

2. The Registrar shall be responsible for communicating the
decision of the Tribunal. The decision shall set out the facts and
circumstances on which the report is based.

Article 65

Objection

1.
If one of the parties objects to a witness or to an expert on
the ground that he is not a competent or proper person to act as
witness or expert or for any other reason, or if a witness or
expert refuses to give evidence, to take the oath or to make a
solemn affirmation equivalent
shall
adjudicate by way of reasoned order.

the Tribunal

thereto,

2. An objection to a witness or to an expert shall be raised
within two weeks after service of the order summoning the
witness or appointing the expert; the statement of objection
must set out the grounds of objection and indicate the nature of
any evidence offered.

Article 66

Reimbursement of expenses — Compensation or fees

1. Witnesses and experts shall be entitled to reimbursement of
their travel and subsistence expenses. The cashier of the Tribunal
may make a payment
to them towards these expenses in
advance.

Article 67

Letters rogatory

1. The Tribunal may, on application by a party or of its own
motion, issue letters rogatory for the examination of witnesses or
experts.

2.
Letters rogatory shall be issued in the form of an order
forenames, description and
which shall contain the name,
address of the witness or expert, set out the facts on which the
witness or expert is to be examined, name the parties, their
representatives, indicate their addresses and briefly describe the
subject-matter of the proceedings.

3. The Registrar shall send the order
to the competent
authority named in Annex I to the Rules supplementing the
Rules of Procedure of the Court of Justice of the Member State in
whose territory the witness or expert is to be examined. Where
necessary, the order shall be accompanied by a translation into
the official language or languages of the Member State to which
it is addressed.

The authority named pursuant to the first subparagraph shall
pass on the order to the judicial authority which is competent
according to its national law.

The competent judicial authority shall give effect to the letters
rogatory in accordance with its national law. After implementa-
tion the competent
to the
authority named pursuant to the first subparagraph the order
embodying the letters rogatory, any documents arising from the
implementation and a detailed statement of costs. These
documents shall be sent to the Registrar.

judicial authority shall

transmit

The Registrar shall be responsible for the translation of the
documents into the language of the case.

4. The Tribunal shall defray the expenses occasioned by the
letters rogatory without prejudice to the right to charge them,
where appropriate, to the parties.

C h a p t e r 4

THE AMICABLE SETTLEMENT OF DISPUTES

Article 68

Measures

1. The Tribunal may, at all stages of the procedure, examine the
possibilities of an amicable settlement of the dispute between the
applicant and the defendant, propose one or more solutions
capable of putting an end to the dispute and adopt appropriate
measures with a view to facilitating such settlement.

It may, amongst other things:

2. Witnesses shall be entitled to compensation for loss of
earnings, and experts to fees for their services. The cashier of the
Tribunal shall pay witnesses and experts their compensation or
fees after they have carried out their respective duties or tasks.

— ask the parties or third parties to supply information or

particulars;

— ask the parties or third parties to produce documents;

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— invite to meetings the parties' representatives, the parties
themselves or any official or other servant of the institution
empowered to negotiate an agreement.

issue of interpretation is raised or the validity of the same
act is called in question, until the judgment of the Court of
First Instance or the Court of Justice has been delivered;

Paragraph 1 shall apply to proceedings for interim measures

2.
also.

3. The Tribunal may instruct the Judge-Rapporteur, assisted by
the Registrar, to seek the amicable settlement of a dispute or to
implement the measures which it has adopted to that end.

(b) where an appeal

is brought before the Court of First
Instance against a decision of the Tribunal disposing of the
substantive issues in part only, disposing of a procedural
issue concerning a plea of
lack of competence or
inadmissibility or dismissing an application to intervene;

Article 69

Agreement of the parties

1. Where the applicant and the defendant come to an
agreement before the Tribunal or the Judge-Rapporteur as to
the solution putting an end to the dispute, the terms of that
agreement may be recorded in minutes signed by the President or
the Judge-Rapporteur and by the Registrar. The agreement as
entered in the minutes shall constitute an official record.

The case shall be removed from the register by reasoned order of
the President.

(c)

at the joint request of the parties;

(d)

in other particular cases where the proper administration of
justice so requires.

2. The decision to stay the proceedings shall be made by
reasoned order of the President after hearing the parties; the
President may refer the matter to the Tribunal.

3. Any decision ordering the resumption of proceedings before
the end of the stay or as referred to in Article 72(2) shall be
adopted in accordance with the same procedure.

At the request of the applicant and defendant, the President shall
set out the terms of the agreement in the order removing the
case from the register.

Article 72

Duration and effects of a stay of proceedings

2. Where the applicant and the defendant notify the Tribunal
that they have reached an agreement out of court as to the
resolution of the dispute and state that they abandon all claims,
the President shall order the case to be removed from the register.

1. The stay of proceedings shall
indicated in the order of stay or,
indication, on the date of that order.

take effect on the date
in the absence of such an

3. The President shall give a decision as to costs in accordance
with the agreement or, failing that, at his discretion.

Article 70

Amicable settlement and contentious proceedings

No opinion expressed, suggestion made, proposal put forward,
concession made or document drawn up for the purposes of the
amicable settlement may be relied on as evidence by the Tribunal
or the parties in the contentious proceedings.

C h a p t e r 5

STAY OF PROCEEDINGS AND DECLINING OF JURISDICTION IN
FAVOUR OF THE COURT OF JUSTICE AND THE COURT OF
FIRST INSTANCE

2. Where the order of stay does not fix the length of the stay, it
shall end on the date indicated in the order of resumption or, in
the absence of such indication, on the date of the order of
resumption.

3. While proceedings are stayed time shall, except for the
purposes of the time-limit prescribed in Article 109(1) for an
application to intervene, cease to run for the purposes of
procedural time-limits.

Time shall begin to run afresh from the beginning for the
purposes of the time-limits from the date on which the stay of
proceedings comes to an end.

Article 73

Declining of jurisdiction

Article 71

Conditions and procedure for staying of proceedings

1. Without prejudice to Articles 117(4), 118(4) and 119(4),
proceedings may be stayed:

1.
In accordance with Article 8(2) of Annex I to the Statute of
the Court of Justice, where the Tribunal finds that the action
before it falls within the jurisdiction of the Court of Justice or of
the Court of First Instance, it shall refer that action to the Court
of Justice or to the Court of First Instance.

(a) where the Tribunal and either the Court of First Instance or
the Court of Justice are seised of cases in which the same

2. The Tribunal shall make its decision by way of reasoned
order.

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C h a p t e r 6

Unless the Tribunal otherwise decides, the remainder of the
proceedings shall be oral.

DISCONTINUANCE, NO NEED TO ADJUDICATE AND
PRELIMINARY ISSUES

Article 74

Discontinuance

If the applicant informs the Tribunal, in writing or at the hearing,
that he wishes to discontinue the proceedings, the President shall
order the case to be removed from the register and shall give a
decision as to costs in accordance with Article 89(5).

Article 75

No need to adjudicate

the Tribunal

finds that an action has become devoid of
If
purpose and that there is no longer any need to adjudicate on it,
it may at any time, of its own motion, after hearing the parties,
adopt a reasoned order.

Article 76

Action manifestly bound to fail

Where it is clear that the Tribunal has no jurisdiction to take
cognisance of an action or of certain of the claims therein or
where the action is, in whole or in part, manifestly inadmissible
or manifestly lacking any foundation in law, the Tribunal may,
without taking further steps in the proceedings, give a decision
by way of reasoned order.

Article 77

Absolute bar to proceeding

The Tribunal may at any time, of its own motion, after hearing
the parties, decide whether there exists any absolute bar to
proceeding with an action. If the Tribunal considers that it
possesses sufficient information, it may, without taking further
steps in the proceedings, give a decision by way of reasoned
order.

3. The Tribunal shall decide on the application by way of
reasoned order or reserve its decision for the final judgment.

If the Tribunal refuses the application or reserves its decision, the
President shall prescribe new time-limits for further steps in the
proceedings.

4. The Tribunal shall refer the case to the Court of Justice or to
the Court of First Instance if the case falls within the jurisdiction
of either of those Courts.

C h a p t e r 7

JUDGMENTS AND ORDERS

Article 79

Judgments

A judgment shall contain:

— the statement that it is the judgment of the Tribunal,

— the date of its delivery,

— the names of the President and the Judges taking part in it,
with an indication as to the name of the Judge-Rapporteur,

— the name of the Registrar,

— the description of the parties,

— the names of the parties' representatives,

— a statement of the forms of order sought by the parties,

— a summary of the facts,

— the grounds for the decision,

Article 78

— the operative part of the judgment, including the decision

Application for a decision not going to the substance of the
case

as to costs.

1. A party applying to the Tribunal
for a decision on
admissibility, on lack of competence or other preliminary plea
not going to the substance of the case shall make the application
by a separate document within a month of service of
the
application.

The application must contain the pleas of fact and law relied on
and the form of order sought by the applicant; any supporting
documents must be annexed to it.

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.

Article 80

Delivery of judgment

1. The judgment shall be delivered in open court. Due notice
shall be given to the parties of the date of delivery.

2. The original of the judgment, signed by the President, by the
Judges who took part in the deliberations and by the Registrar,
shall be sealed and deposited at the Registry; the Registrar shall
ensure that each of the parties is served with a certified copy of
the judgment.

3. The Registrar shall record on the original of the judgment
the date on which it was delivered.

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Article 81

Orders

2. The original of the rectification order shall be annexed to the
original of the rectified decision. A note of this order shall be
made in the margin of the original of the rectified decision.

1.

Every order shall contain:

Article 85

— the statement that it is the order of the Tribunal, of the
President of the Tribunal or of the formation of the court,

Omission of any decision as to costs

— the date of its adoption,

— the names of the President and, where appropriate, the
Judges taking part in its adoption, with an indication as to
the name of the Judge-Rapporteur,

— the name of the Registrar,

— the description of the parties,

— the names of the parties' representatives,

— the operative part of the order, including, where appro-

priate, the decision as to costs.

2. Where, in accordance with these Rules, an order must be
reasoned, it shall in addition contain:

— a statement of the forms of order sought by the parties,

— a summary of the facts,

— the grounds for the decision.

Article 82

Adoption of orders

The original of the order, signed by the President, shall be sealed
and deposited at the Registry; the Registrar shall ensure that each
of the parties is served with a certified copy of the order.

Article 83

Binding effect

1.
Subject to the provisions of Article 12(1) of Annex I to the
Statute of the Court of Justice, judgments shall be binding from
the date of their delivery.

2. Orders shall be binding from the date of their service, save as
otherwise provided in these Rules and in Article 12(1) of Annex I
to the Statute of the Court of Justice.

Article 84

Rectification of decisions

1. The Tribunal may, by way of order, of its own motion or on
application by a party made within a month after the decision to
be rectified has been served, after hearing the parties, rectify
clerical mistakes, errors in calculation and obvious slips in it.

If the Tribunal should omit to give a decision on costs, any
1.
party may within a month after service of the decision apply to
the Tribunal to supplement its decision.

2. The application shall be served on the opposite party and
the President shall prescribe a period within which that party
may present written observations.

3. After these observations have been presented, the Tribunal
shall decide at the same time on the admissibility and on the
substance of the application.

C h a p t e r 8

COSTS

Article 86

Decision as to costs

A decision as to costs shall be given in the final judgment or in
the order which closes the proceedings.

Article 87

Allocation of costs — General rules

1. Without prejudice to the other provisions of this Chapter,
the unsuccessful party shall be ordered to pay the costs if they
have been applied for in the successful party's pleadings.

If equity so requires,

2.
the Tribunal may decide that an
unsuccessful party is to pay only part of the costs or even that he
is not to be ordered to pay any.

Article 88

Unreasonable or vexatious costs

A party, even if successful, may be ordered to pay some or all of
the costs, if this appears justified by the conduct of that party,
including before the proceedings were brought, especially if he
has made the other party incur costs which are held to be
unreasonable or vexatious.

Article 89

Allocation of costs — Special cases

1. Where there are several unsuccessful parties the Tribunal
shall decide how the costs are to be shared.

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2. Where each party succeeds on some and fails on other
heads, the Tribunal may order that the costs be shared or that
each party bear its own costs.

Article 93

Payment

If costs are not applied for, the parties shall bear their own

3.
costs.

Sums due from the cashier of the Tribunal and from debtors

1.
of the Tribunal shall be paid in euro.

4.

Interveners shall bear their own costs.

5. A party who discontinues or withdraws from proceedings
shall be ordered to pay the costs if they have been applied for in
the observations of
the other party on the discontinuance.
However, upon application by the party who discontinues or
withdraws from proceedings, the costs shall be borne by the
other party if this appears justified by the conduct of that party.

6. Where a case does not proceed to judgment, the costs shall
be in the discretion of the Tribunal.

7. Where the parties have come to an agreement on costs, the
decision as to costs shall be in accordance with that agreement.

Article 90

Costs of enforcing a judgment

Costs necessarily incurred by a party in enforcing a judgment or
order of the Tribunal shall be refunded by the opposite party on
the scale in force in the State where the enforcement takes place.

Article 91

Recoverable costs

Without prejudice to the provisions of Article 94, the following
shall be regarded as recoverable costs:

2. Where expenses to be recovered 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.

Article 94

Court costs

Proceedings before the Tribunal shall be free of charge, except
that:

(a) where a party has caused the Tribunal to incur avoidable
costs, in particular where the action is manifestly an abuse
of process, the Tribunal may order that party to refund
them in whole or in part, but the amount of that refund
may not exceed EUR 2 000;

(b) where copying or translation work is carried out at the
request of a party, the cost shall, in so far as the Registrar
considers it excessive, be paid for by that party on the scale
of charges in force referred to in Article 20.

C h a p t e r 9

LEGAL AID

Article 95

(a)

sums payable to witnesses and experts under Article 66;

Substantive conditions

(b)

expenses incurred by the parties for the purpose of the
the travel and subsistence
proceedings,
expenses and the remuneration of the representative,
if
they are essential.

in particular

Article 92

Dispute as to costs

1.
In order to ensure effective access to justice, legal aid shall be
granted for proceedings before the Tribunal in accordance with
the following rules.

Legal aid shall cover, in whole or in part, the costs involved in
legal assistance and representation by a lawyer in proceedings
before the Tribunal. The cashier of
the Tribunal shall be
responsible for those costs.

If there is a dispute concerning the amount and nature of the
1.
costs to be recovered, the Tribunal shall, on application by the
party concerned and after hearing the opposite party, give its
decision by way of reasoned order.

2. Any natural person who, because of his financial situation, is
wholly or partly unable to meet
the costs referred to in
paragraph 1 shall be entitled to legal aid.

In accordance with Article 11(2) of Annex I to the Statute of the
Court of Justice, no appeal may lie from that order.

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

2. The parties may, for the purposes of enforcement, apply for
a copy of the order.

3.
Legal aid shall be refused if the action in respect of which the
application is made appears to be manifestly inadmissible or
manifestly unfounded.

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Article 96

Formal conditions

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 financial situation, such as a certificate
issued by the competent national authority attesting to his
financial 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 arguments in support of the
action. The application must be accompanied by supporting
documents in that regard.

An order granting legal aid may specify an amount to be paid to
the lawyer instructed to represent the person 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 95(1),
having regard to his financial situation.

4. 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 applicant.

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 Tribunal.

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

3. The Tribunal may provide, in accordance with Article 120,
for the compulsory use of a form in making an application for
legal aid.

6. No appeal shall lie from orders made under this article.

Article 97

Procedure

invite the other party to submit

1. Before giving its decision on an application for legal aid, the
its written
Tribunal shall
observations unless it is already apparent from the information
produced that the conditions laid down in Article 95(2) have not
been satisfied or that those laid down in Article 94(3) have been
satisfied.

2. The decision on the application for legal aid shall be taken
by way of an order by the President of the Tribunal or, if the case
has already been assigned to a Chamber, by its President. He may
refer the matter to the Tribunal.

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

In any order granting legal aid a lawyer shall be designated to

3.
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 application to the
competent authority of the Member State concerned mentioned
in Annex II to the Rules supplementing 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.

Article 98

Advances — Responsibility for costs

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

2. 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 Tribunal by way of a reasoned order from
which no appeal shall
lie. He may refer the matter to the
Tribunal.

3. Where, in the decision closing the proceedings, the Tribunal
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 Tribunal 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 Tribunal.

4. Where the recipient of the aid is unsuccessful, the Tribunal
may, in ruling as to costs in the decision 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 Tribunal by way of legal aid.

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C h a p t e r 1 0

SERVICE

Article 99

Service

1. Where these Rules require a document to be served on a
person, the Registrar shall ensure that service is effected:

— where the addressee has an address for service in the place
where the Tribunal has its seat, by the dispatch of a copy of
the document by registered post with a form for acknowl-
edgement of receipt or by personal delivery of the copy
against a receipt, or

— where,

in accordance with Article 35(3) or the second
subparagraph of Article 39(1), the addressee has agreed that
service is to be effected on him by a technical means of
communication available to the Tribunal, by such means.

The Registrar shall prepare and certify the copies of documents
to be served, save where the parties themselves supply the copies
in accordance with the second subparagraph of Article 34(1).

2. Where technical reasons connected with, in particular, the
length of the document so require or where the document to be
served is a judgment or an order, the document shall be served, if
the addressee has failed to state an address for service, at his
address in accordance with the procedures laid down in the first
indent of paragraph 1. The addressee shall be so advised by
telefax or other technical means of communication available to
the Tribunal. Service shall then be deemed to have been effected
on the addressee by registered post on the 10th day following the
lodging of the registered letter at the post office of the place
where the Tribunal has its seat, unless it is shown by the
acknowledgement of receipt that the letter was received on a
different date or the addressee informs the Registrar, within three
weeks of being advised by telefax or another technical means of
communication, that the document to be served has not reached
him.

C h a p t e r 1 1

TIME-LIMITS

Article 100

Reckoning of time-limits — Single period of extension on
account of distance

1. Any period of time prescribed by the EC and EAEC Treaties,
the Statute of the Court of Justice or these Rules for the taking of
any procedural step shall be reckoned as follows:

(a) Where a period expressed in days, weeks, months or years
is to be calculated from the moment at which an event

occurs or an action takes place, the day during which that
event occurs or that action takes place shall not be counted
as falling within the period in question;

(b) A period expressed in weeks, months or years shall end
with the expiry of whichever day in the last week, month or
year is the same day of the week, or falls on the same date,
as the day during which the event or action from which the
period is to be calculated occurred or took place. If, in a
period expressed in months or in years, the day on which it
should expire does not occur in the last month, the period
shall end with the expiry of the last day of that month;

(c) Where a period is expressed in months and days, it shall

first be reckoned in whole months, then in days;

(d)

Periods shall include official holidays, Sundays and Satur-
days;

(e)

Periods shall not be suspended during the judicial vacations.

If the period would otherwise end on a Saturday, Sunday or
2.
official holiday, it shall be extended until the end of the first
following working day.

The list of official holidays drawn up by the Court of Justice and
published in the Official Journal of the European Union shall apply
to the Tribunal.

3. The prescribed time-limits shall be extended on account of
distance by a single period of 10 days.

Article 101

Extension — Delegation of power of signature

1. Any time-limit prescribed pursuant to these Rules may be
extended by whoever prescribed it.

2. The President may delegate power of signature to the
Registrar for the purpose of fixing certain time-limits which,
pursuant to these Rules, it falls to the President to prescribe, or of
extending such time-limits.

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TITLE 3

SPECIAL FORMS OF PROCEDURE

C h a p t e r 1

SUSPENSION OF OPERATION OR ENFORCEMENT AND OTHER
INTERIM MEASURES

Article 102

Application for interim measures

1. An application to suspend the operation of any measure
adopted by an institution, made pursuant to Article 242 of the
EC Treaty and Article 157 of the EAEC Treaty, shall be admissible
only if the applicant is challenging that measure in proceedings
before the Tribunal.

An application for the adoption of any other interim measure
referred to in Article 243 of the EC Treaty and Article 158 of the
EAEC Treaty shall be admissible only if it is made by a party to a
case before the Tribunal and relates to that case.

the Tribunal shall, where appropriate,
2. The President of
prescribe measures of organisation of procedure and measures of
inquiry.

3. The President of the Tribunal may grant the application even
before the observations of
the opposite party have been
submitted. This decision may subsequently be varied or
cancelled, even of the President's own motion.

Article 105

Decision on interim measures

1. The decision on the application shall take the form of a
reasoned order.

Enforcement of the order may be made conditional on the
2.
lodging by the applicant of security, of an amount and nature to
be fixed in the light of the circumstances.

Those applications may be presented as soon as the complaint
provided for in Article 90(2) of the Staff Regulations has been
submitted,
in the conditions fixed in Article 91(4) of those
Regulations.

3. Unless the order fixes the date on which the interim measure
is to lapse, the measure shall
judgment is
delivered.

lapse when final

2. An application of a kind referred to in the previous
paragraph shall state the subject-matter of the proceedings, the
circumstances giving rise to urgency and the pleas of fact and law
establishing a prima facie case for the interim measures applied
for.

3. The application shall be made by a separate document and
in accordance with the provisions of Articles 34 and 35.

Article 103

Powers of the President of the Tribunal

1. The President of the Tribunal shall decide the applications
submitted pursuant to Article 102(1).

2.
If the President of the Tribunal is absent or prevented from
dealing with any such application, he shall be replaced by
another Judge in the conditions fixed by a decision adopted by
the Tribunal and published in the Official Journal of the European
Union.

4. The order shall have only an interim effect, and shall be
without prejudice to the decision on the substance of the case by
the Tribunal.

Article 106

Change in circumstances

On application by a party, the order may at any time be varied or
cancelled on account of a change in circumstances.

Article 107

Further application

Rejection of an application for an interim measure shall not bar
the party who made it from making a further application on the
basis of new facts.

Article 108

Suspension of enforcement

Article 104

Procedure

The provisions of this Chapter shall apply to applications to
suspend the enforcement of an act of an institution, submitted
pursuant
the EC Treaty and
to Articles 244 and 256 of
Articles 159 and 164 of the EAEC Treaty.

1. The application shall be served on the opposite party, and
the President of the Tribunal shall prescribe a short period within
which that party may submit written or oral observations.

The order granting the application shall fix, where appropriate, a
date on which the interim measure is to lapse.

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C h a p t e r 2

INTERVENTION

Article 109

Application to intervene

1. Any application to intervene must be made within four
weeks of the date of publication of the notice referred to in
Article 37(2).

2. The application to intervene shall contain:

(a)

the description of the case;

(b)

the description of the parties;

(c)

the name and address of the intervener;

(d)

(e)

(f)

the intervener's address for service at the place where the
Tribunal has its seat or an indication of the technical means
of communication available to the Tribunal by which his
representative agrees to accept service;

the form of order sought by the intervener, in support of or
opposing the form of order sought by the applicant;

a statement of the circumstances establishing the right to
intervene pursuant to the second paragraph of Article 40 of
the Statute of the Court of Justice or on the basis of a
specific provision.

3. Articles 34 and 35 shall apply.

4. The intervener shall be represented in accordance with
Article 19 of the Statute of the Court of Justice.

5. The application to intervene shall be served on the parties,
so as to permit them an opportunity to submit their written or
oral observations and to indicate to the Registry, where
appropriate, those documents which they consider to be secret
or confidential and which, in consequence, they do not wish to
be communicated to the interveners.

6. The President shall decide on the application to intervene by
way of order or shall refer it to the Tribunal. The order must be
reasoned if the application is dismissed.

(b)

the pleas in law and arguments relied on by the intervener;

(c) where appropriate, the nature of any evidence offered.

4. The statement in intervention is admissible only if it is made
in support, in whole or in part, of the form of order sought by
one of the parties.

5. After the statement in intervention has been lodged, the
President shall prescribe a time-limit within which the parties
may reply in writing to that statement or shall invite them to
present their replies during the oral procedure.

For the purposes of these Rules, the intervener shall be

6.
treated as a party, save as otherwise provided.

Article 111

Invitation to intervene

1. At any stage in the proceedings the President may, after
hearing the parties,
invite any person, any institution or any
Member State concerned by the outcome of the dispute to
inform the Tribunal
if he or it wishes to intervene in the
proceedings. The notice referred to in Article 37(2) shall be
mentioned in the invitation.

If

the person,

2.
institution or Member State concerned
informs the Tribunal within the period prescribed by the
President that he or it wishes to intervene, the President shall
inform the parties so as to permit them to indicate to the
Registry, where appropriate,
those documents which they
consider to be secret or confidential and which, in consequence,
they do not wish to be communicated to the person, institution
or Member State concerned.

The provisions of Article 110(2) shall apply.

3. The person,
institution or Member State concerned shall
present its statement in intervention within a month of the
communication of the pleadings.

The provisions of Articles 34, 35, 109(2)(a) to (e) and (4) and
110(3) to (6) shall apply.

Article 110

Conditions for intervention

C h a p t e r 3

If an intervention is allowed, the President shall prescribe a
1.
period within which the intervener may submit a statement in
intervention.

APPEALS AND CASES REFERRED BACK AFTER DECISION SET
ASIDE

2. The intervener shall receive a copy of all the pleadings served
on the parties. The President may, however, on application by
one of the parties, omit secret or confidential documents.

3. The statement in intervention shall contain:

(a)

a statement of the form of order sought by the intervener;

Conditions for appeals against decisions of the Tribunal

On the conditions laid down in Articles 9 to 12 of Annex I to the
Statute of the Court of Justice, an appeal may be brought before
the Court of First Instance against judgments or orders of the
Tribunal.

Article 112

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Article 113

C h a p t e r 4

Referral back after setting aside — Assignment of the case
referred back

JUDGMENTS BY DEFAULT AND APPLICATIONS TO SET THEM
ASIDE

the
1. Where, after setting aside a judgment or order of
Tribunal, the Court of First Instance refers the case back to the
Tribunal by virtue of Article 13 of Annex I to the Statute of the
Court of Justice, the Tribunal shall be seised of the case by the
judgment so referring it.

2. The President of the Tribunal shall assign the case either to
the formation of the court which gave the decision which has
been set aside or to another formation of the court.

However, where the decision set aside was given by a single
Judge, the President of the Tribunal shall assign the case to a
Chamber sitting with three Judges of which that Judge is not a
member.

Article 114

Article 116

Procedure

1.
If a defendant on whom an application initiating proceed-
ings has been duly served fails to lodge a defence to the
application in the proper form within the time prescribed, the
applicant may apply to the Tribunal for judgment by default.

The application shall be served on the defendant. The Tribunal
may decide to open the oral procedure on the application.

2. Before giving judgment by default
consider whether
admissible, whether
complied with, and whether
founded. It may order a preparatory inquiry.

shall
is
the appropriate formalities have been
the application appears well

the application initiating proceedings

the Tribunal

Procedure for examining cases referred back

3. A judgment by default shall be enforceable.

1. Within two months from the service upon him of the
judgment of the Court of First Instance the applicant may lodge a
statement of written observations.

In the month following the communication to it of that
2.
statement,
the defendant may lodge a statement of written
observations. The time allowed to the defendant for lodging that
statement may in no case be less than two months from the
service upon it of the judgment of the Court of First Instance.

In the month following the simultaneous communication to
3.
the intervener of the observations of the applicant and the
defendant, the intervener may lodge a statement of written
observations. The time allowed to the intervener for lodging it
may in no case be less than two months from the service upon
him or it of the judgment of the Court of First Instance.

4. By way of derogation from Article 114(1) to (3), where the
written procedure before the Tribunal had not been completed
when the judgment referring the case back to the Tribunal was
delivered, it shall be resumed, at the stage which it had reached,
by means of measures of organisation of procedure adopted by
the Tribunal.

5. The Tribunal may,
if the circumstances so justify, allow
supplementary statements of written observations to be lodged.

6. The procedure shall be conducted in accordance with the
provisions of Title 2 of these Rules.

Article 115

Costs

The Tribunal may, however, grant a stay of enforcement until it
has given its decision on any application under paragraph 4 to
set aside the judgment, or it may make enforcement subject to
the provision of security of an amount and nature to be fixed in
the light of the circumstances; this security shall be released if no
such application is made or if the application fails.

4. Application may be made to set aside a judgment by default.

The application to set aside the judgment must be made within
one month from the date of service of the judgment.

It must be lodged in the form prescribed by Articles 34 and 35.

5. After the application has been served, the President of the
formation of the court shall prescribe a period within which the
other party may submit his written observations.

The proceedings shall be conducted in accordance with the
provisions of Title 2 of these Rules.

6. The Tribunal shall decide by way of a judgment which may
not be set aside. The original of this judgment shall be annexed
the
to the original of
judgment on the application to set aside shall be made in the
margin of the original of the judgment by default.

the judgment by default. A note of

C h a p t e r 5

EXCEPTIONAL REVIEW PROCEDURES

Article 117

Third-party proceedings

The Tribunal shall decide on the costs relating to the proceedings
instituted before it and to the proceedings on the appeal before
the Court of First Instance.

In accordance with Article 42 of the Statute of the Court of
1.
Justice,
third-party proceedings may be brought against a
decision rendered without the third party's having been heard,
where the decision is prejudicial to his rights.

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If the contested decision has been published in the Official Journal
of the European Union, the application must be lodged within two
months of the publication.

The application for interpretation shall be assigned to the
formation of the court which gave the decision which is the
subject of the application.

2. Articles 34 and 35 shall apply to an application initiating
third-party proceedings. In addition such an application shall:

(a)

specify the decision contested;

(b)

(c)

state how that decision is prejudicial to the rights of the
third party;

indicate the reasons for which the third party was unable to
take part in the original case before the Tribunal.

The application must be made against all the parties to the
original case.

The application initiating third-party proceedings
shall be
assigned to the formation of the court which delivered the
contested decision.

3. The contested decision shall be varied on the points on
which the submissions of the third party are upheld.

The original of the judgment in the third-party proceedings shall
be annexed to the original of the contested decision. A note of
the judgment in the third-party proceedings shall be made in the
margin of the original of the contested decision.

4. Where an appeal before the Court of First Instance and an
application initiating third-party proceedings before the Tribunal
contest the same decision of the Tribunal, the Tribunal may, after
hearing the parties, stay the proceedings until the Court of First
Instance has delivered its judgment.

3. The Tribunal shall give its decision by way of judgment after
having given the parties an opportunity to submit
their
observations.

The original of the interpreting judgment shall be annexed to the
original of the decision interpreted. A note of the interpreting
judgment shall be made in the margin of the original of the
decision interpreted.

4. Where an appeal before the Court of First Instance and an
application for interpretation before the Tribunal concern the
same decision of the Tribunal, the Tribunal may, after hearing the
parties, stay the proceedings until the Court of First Instance has
delivered its judgment.

Article 119

Revision

1.
In accordance with Article 44 of the Statute of the Court of
Justice, an application for revision of a decision of the Tribunal
may be made only on discovery of a fact which is of such a
nature as to be a decisive factor and which, before the decision
was delivered or adopted, was unknown to the Tribunal and to
the party claiming the revision.

Without prejudice to the period of 10 years prescribed in the
third paragraph of Article 44 of the Statute of the Court of
Justice, an application for revision shall be made within three
months of the date on which the facts on which the application
is based came to the applicant's knowledge.

5. The Tribunal may, on application by the third party, order a
stay of enforcement of the contested decision. The provisions of
Title 3, Chapter 1, shall apply.

2. Articles 34 and 35 shall apply to an application for revision.
In addition such an application shall:

Article 118

(a)

specify the decision contested;

Interpretation of decisions of the Tribunal

1.
In accordance with Article 43 of the Statute of the Court of
Justice, if the meaning or scope of a decision is in doubt, the
Tribunal may construe it on application by any party or any
institution of the Communities establishing an interest therein.

(b)

indicate the points on which the decision is contested;

(c)

set out the facts on which the application is based;

Applications for interpretation shall not be subject
condition as to time-limits.

to any

(d)

indicate the nature of the evidence to show that there are
facts justifying revision, and that the time-limits laid down
in paragraph 1 of this article have been observed.

2. Articles 34 and 35 shall apply to an application for
interpretation. In addition such an application shall:

The application must be made against all the parties to the case
in which the contested decision was given.

(a)

specify the decision in question;

(b)

indicate the passages of which interpretation is sought.

The application for revision shall be assigned to the formation of
the court which gave the contested decision.

The application must be made against all the parties to the case
in which the decision of which interpretation is sought was
given.

3. The Tribunal shall give its decision by way of judgment on
the admissibility of the application in the light of the parties'
written observations.

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If the Tribunal finds the application admissible, the remainder of
the procedure shall be oral, unless the Tribunal otherwise
decides. It shall give its decision by way of judgment.

amicable settlement of disputes and to the presentation and
lodging of pleadings and written observations.

The original of the revising judgment shall be annexed to the
original of the decision revised. A note of the revising judgment
shall be made in the margin of the original of the decision
revised.

4. Where an appeal before the Court of First Instance and an
application for revision before the Tribunal concern the same
decision of the Tribunal, the Tribunal may, after hearing the
parties, stay the proceedings until the Court of First Instance has
delivered its judgment.

FINAL PROVISIONS

Article 120

The Tribunal's Practice Directions

Article 121

Publication of the Rules of Procedure

These Rules, which are authentic in the languages of the case
mentioned in the Rules of Procedure of the Court of First
Instance, shall be published in the Official Journal of the European
Union. They shall enter into force on the first day of the third
month following the date of their publication.

Article 122

Transitional provisions relating to costs

The provisions of Title 2, Chapter 8, on costs shall apply only to
cases brought before the Tribunal from the date on which these
Rules enter into force.

The Tribunal may issue practice directions relating, in particular,
to the preparations for and conduct of hearings before it, to the

The relevant provisions of the Rules of Procedure of the Court of
First Instance on the subject shall continue to apply mutatis
mutandis to cases pending before the Tribunal before that date.

Done at Luxembourg, 25 July 2007.

W. HAKENBERG

The Registrar

P.J. MAHONEY

The President

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Table of Contents

PRELIMINARY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 1

Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 1

ORGANISATION OF THE TRIBUNAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 1

PRESIDENT AND MEMBERS OF THE TRIBUNAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 2

Judges’ term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3

Taking of the oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4

Disqualification and removal of a Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 5

Precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 6

Election of the President of the Tribunal

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Article 7

Responsibilities of the President of the Tribunal

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Article 8

Replacement of the President of the Tribunal

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C h a p t e r 2

FORMATIONS OF THE COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 9

Formations of the court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 10 Constitution of Chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 11

Presidents of Chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12 Ordinary formation of the court — Assignment of cases to Chambers . . . . . . . . . . . .

Article 13 Referral of a case to the full court or to the Chamber sitting with five Judges . . . .

Article 14 Referral of a case to a single Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 3

REGISTRY AND DEPARTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1 — The Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 15 Appointment of the Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 16 Vacancy of the office of Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 17 Assistant Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 18 Absence or inability to attend of the Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 19 Duties of the Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 20 Keeping of the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 — The Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 21 Officials and other servants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 22 Administration and financial management of the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 4

WORKING OF THE TRIBUNAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 23 Dates, times and place of the sittings of the Tribunal

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Article 24 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Article 25 Absence or inability to attend of a Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 26 Absence or inability to attend, before the hearing, of a Judge of the Chamber sitting
with five Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 27 Deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 28

Judicial vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 5

LANGUAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 29

Language arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 6

RIGHTS AND OBLIGATIONS OF THE PARTIES’ REPRESENTATIVES . . . . . . . . . . .

Article 30

Privileges, immunities and facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 31

Status of the parties’ representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 32

Exclusion from the proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 2

PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 1

WRITTEN PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 33 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 34

Lodging of pleadings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 35 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 36

Putting the application in order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 37

Service of the application and notice in the Official Journal . . . . . . . . . . . . . . . . . . . . . . .

Article 38

First assignment of a case to a formation of the court . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 39 Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 40

Forwarding pleadings to the Council and the Commission . . . . . . . . . . . . . . . . . . . . . . . . .

Article 41

Second exchange of pleadings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 42 Offers of further evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 43 New pleas in law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 44 Documents — Confidentiality — Anonymity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 45

Preliminary report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 46 Connection — Joinder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 47 Order in which cases are to be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 2

ORAL PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 48 Holding of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 49 Date of the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 50 Absence of the parties from the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 51 Conduct of the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 52 Close of the oral procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Article 53 Minutes of the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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C h a p t e r 3

MEASURES OF ORGANISATION OF PROCEDURE AND MEASURES OF
INQUIRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 54 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1 — Measures of organisation of procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 55

Purpose and types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 56

Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 — Measures of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 57

Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 58

Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3 — The summoning and examination of witnesses and experts . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 59

Summoning of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 60

Examination of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 61 Duties of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 62

Experts’ reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 63 Oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 64

Perjury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 65 Objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 66 Reimbursement of expenses — Compensation or fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 67

Letters rogatory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 4

THE AMICABLE SETTLEMENT OF DISPUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 68 Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 69 Agreement of the parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 70 Amicable settlement and contentious proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 5

STAY OF PROCEEDINGS AND DECLINING OF JURISDICTION IN FAVOUR OF
THE COURT OF JUSTICE AND THE COURT OF FIRST INSTANCE . . . . . . . . . . . . . .

Article 71 Conditions and procedure for staying of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 72 Duration and effects of a stay of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 73 Declining of jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 6

DISCONTINUANCE, NO NEED TO ADJUDICATE AND PRELIMINARY ISSUES .

Article 74 Discontinuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 75 No need to adjudicate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 76 Action manifestly bound to fail

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Article 77 Absolute bar to proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Article 78 Application for a decision not going to the substance of the case . . . . . . . . . . . . . . . . .

C h a p t e r 7

JUDGMENTS AND ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 79

Judgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 80 Delivery of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 81 Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 82 Adoption of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 83

Binding effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 84 Rectification of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 85 Omission of any decision as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C h a p t e r 8

COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 86 Decision as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 87 Allocation of costs — General rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 88 Unreasonable or vexatious costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 89 Allocation of costs — Special cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 90 Costs of enforcing a judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 91 Recoverable costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Article 92 Dispute as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Article 93

Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 94 Court costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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LEGAL AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 95

Substantive conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 96

Formal conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 97

Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 98 Advances — Responsibility for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 99

Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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TIME-LIMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 100 Reckoning of time-limits — Single period of extension on account of distance . . .

Article 101 Extension — Delegation of power of signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 3

SPECIAL FORMS OF PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SUSPENSION OF OPERATION OR ENFORCEMENT AND OTHER INTERIM
MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 102 Application for interim measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 103 Powers of the President of the Tribunal

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29.8.2007

EN

Official Journal of the European Union

L 225/29

Article 104 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 105 Decision on interim measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 106 Change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 107 Further application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 108 Suspension of enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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INTERVENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 109 Application to intervene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 110 Conditions for intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 111 Invitation to intervene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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APPEALS AND CASES REFERRED BACK AFTER DECISION SET ASIDE . . . . . . . .

Article 112 Conditions for appeals against decisions of the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 113 Referral back after setting aside — Assignment of the case referred back . . . . . . . . .

Article 114 Procedure for examining cases referred back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 115 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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JUDGMENTS BY DEFAULT AND APPLICATIONS TO SET THEM ASIDE . . . . . . . .

Article 116 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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EXCEPTIONAL REVIEW PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 117 Third-party proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 118 Interpretation of decisions of the Tribunal

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Article 119 Revision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 120 The Tribunal’s Practice Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 121 Publication of the Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 122 Transitional provisions relating to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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