Instructions to the Registrar of the European Union Civil Service Tribunal of 19 September 2007
Date: 2007-09-19
Institutions: Civil Service Tribunal
Subjects: European civil service, administrative procedure, job description, member of the Court of Justice (EU), rules of procedure

25.9.2007

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Official Journal of the European Union

L 249/3

RULES OF PROCEDURE

INSTRUCTIONS TO THE REGISTRAR OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

of 19 September 2007

THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL,

ON A PROPOSAL FROM THE PRESIDENT OF THE TRIBUNAL,

2.
If a working day as referred to in the preceding paragraph
is a holiday for the officials and servants of the institution,
arrangements shall be made for a skeleton staff to be on duty
at the Registry during the hours in which it is normally open to
the public.

Having regard to the Rules of Procedure adopted on 25 July
2007 and in particular Article 19(4) thereof,

HAS LAID DOWN THE FOLLOWING:

INSTRUCTIONS TO THE REGISTRAR

Article 1

Interpretation

The definitions adopted in Article 1 of the Rules of Procedure
shall apply equally for the purposes of these Instructions.

Article 2

The tasks of the Registrar

1.
The Registrar shall be responsible for the maintenance of
the register of the Tribunal and the files of pending cases, for
the acceptance, transmission, service and custody of documents,
for correspondence with the parties and third parties in relation
to pending cases, and for the custody of
the
Tribunal. He shall ensure that registry charges are collected
and that sums due to the Tribunal treasury are recovered. He
shall be responsible for the publications of the Tribunal.

the seals of

2.
In carrying out the duties specified above, the Registrar
may be assisted by an Assistant Registrar. In the absence of the
Registrar or in the event of his being prevented from carrying
out those duties, they shall be performed, where appropriate, by
the Assistant Registrar who shall take the decisions reserved to
the Registrar by the Rules of Procedure of the Tribunal or these
Instructions or delegated to him pursuant to these Instructions.

3.
The Registry shall be open to the public from 9.00 a.m. to
12 noon and from 2.30 p.m. to 4.30 p.m. The offices of the
Registry shall be closed to the public on Friday afternoons
during the vacations provided for in Article 28 of the Rules
of Procedure.

4. When the Registry is closed, procedural documents may
be validly lodged with the janitor at
the entrances to the
buildings of the Court of Justice of the European Communities
(the Thomas More and Erasmus buildings of
the Court of
Justice, boulevard Konrad Adenauer and rue du Fort Niedergrü-
newald, Luxembourg) at any time of the day or night. The
janitor
shall make a record, which shall constitute good
evidence, of the date and time of such lodgement and shall
issue a receipt upon request.

Article 4

The register

1.
Judgments and orders as well as all the documents placed
on the file in cases brought before the Tribunal shall be entered
in the register in the order in which they are lodged, with the
exception of those drawn up for the purposes of an amicable
settlement within the meaning of Article 70 of the Rules of
Procedure, as referred to in Article 6(4) of these Instructions.

2. When a document has been registered, the Registrar shall
make a note to that effect on the original and, if a party so
requests, on any copy submitted for the purpose.

Entries in the register and the notes provided for in the

3.
preceding paragraph shall be authentic.

Article 3

Opening hours of the Registry

1.
The offices of the Registry shall be open to the public
every working day. All days other than Saturdays, Sundays
and the official holidays on the list referred to in Article
100(2) of the Rules of Procedure shall be working days.

4.
Entries in the register shall be numbered consecutively.
They shall contain the information necessary for identifying
the document, in particular the date of lodgement, the date of
registration,
the number of the case and the nature of the
document.

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Official Journal of the European Union

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For the purposes of

5.
paragraph,
depending on the circumstances,

the preceding
the application of
the following dates shall be taken into account,

the same case number as the latter. Where the Court of First
Instance refers a case back to the Tribunal following an appeal,
that case shall keep the number previously given to it when it
was before the Tribunal.

— the date on which the procedural document was received by

the Registrar or by a Registry official or employee,

Article 6

The file and access to the file

— the date referred to in Article 3(4) above,

— or, in the cases provided for in the first paragraph of Article
54 of the Statute of the Court of Justice and Article 8(1) of
Annex I to the Statute of the Court of Justice, the date on
lodged with the
which the procedural document was
Registrar of the Court of Justice or with the Registrar of
the Court of First Instance.

6. Where a correction is made to the register, a note to that
effect shall be made therein. If the register is kept in electronic
form, it shall be set up and maintained in such a way that no
registration can be deleted therefrom and that following any
amendment or rectification the original entry is preserved.

The registration number of every document drawn up by
7.
the Tribunal shall be noted on its first page. A note of the
registration, indicating the registration number and the date of
entry in the register, shall be made on the original of every
lodged by the parties and on every
procedural document
copy which is notified to them. The note made on the
original of the procedural document shall be signed by the
Registrar.

Article 5

The case number

1. When an application initiating proceedings is registered,
the case shall be given a serial number preceded by ‘F-’ and
followed by an indication of the year. Where Article 34(6) of
the Rules of Procedure applies, the indication of the year in the
serial number shall correspond to the date deemed to be the
date of lodging of the document for the purposes of compliance
with the time limits for taking steps in proceedings.

interim measures,
rectification or
for

applications
to
2.
for
Applications
interpretation of
intervene, applications
judgments or orders, applications for
initiating
third party proceedings, applications for the taxation of costs
and applications for legal aid relating to pending cases shall be
given the same serial number as the principal action, followed
by a reference to indicate that the proceedings concerned are
special forms of procedure. An action which is preceded by an
application for legal aid in connection therewith shall be given

revision or

The case file shall contain the originals,

including their
1.
the procedural documents produced by the
annexes, of
those whose acceptance is
parties, with the exception of
refused pursuant
the
these Instructions,
decisions taken in the case, including any decisions relating to
refusal to accept documents, preparatory reports for the hearing,
minutes of the hearing, notices served by the Registrar and any
other documents or correspondence to be taken into con-
sideration in deciding the case.

to Article 8 of

2.
If in doubt the Registrar shall refer the question whether a
document is to be placed on the case file to the President in
order for a decision to be taken.

The documents contained in the file shall be given a serial

3.
number.

4.
By way of derogation from paragraph (1), documents
drawn up for the purposes of an amicable settlement within
the meaning of Article 70 of the Rules of Procedure (see Article
4(1) of these Instructions) shall be kept in a separate part of the
file.

5.
The representatives of the parties to a case before the
Tribunal or persons duly authorised by them may inspect the
original case file, including administrative files produced before
the Tribunal and documents drawn up for the purposes of an
amicable settlement within the meaning of Article 70 of the
Rules of Procedure, at the Registry and may request copies or
extracts of procedural documents and of the register.

6.
The representatives of parties granted leave to intervene
and the representatives of all the parties to joined cases shall
have the same right of access to case files, subject
to the
provisions of Article 7 relating to the confidential treatment
of certain information or documents on the file.

and

The

confidential

non-confidential

of
7.
procedural documents shall be kept
in separate sections of
the file. Access to the confidential section of the file shall be
confined to the parties in respect of whom no confidential
treatment has been ordered.

versions

8.
A document which is produced in a case and placed on
the file of that case may not be taken into account for the
purpose of preparing another case for hearing.

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At the close of the proceedings, the Registrar shall arrange
9.
for the case-file to be closed and archived. The closed file shall
contain a list of the documents on the file (with the exception
of those drawn up for the purposes of an amicable settlement
within the meaning of Article 70 of the Rules of Procedure), an
indication of their number, and a cover page showing the serial
number of the case, the parties and the date on which the file
was closed.

Article 7

Confidential treatment

lodge a version of

information and shall

1. Without prejudice to Article 44 of the Rules of Procedure,
in respect of documents which the parties intend to produce on
their own initiative or produce at the request of the Tribunal,
indicate, where appropriate, the existence of
the parties shall
confidential
the
document from which that information has been omitted. In
those circumstances, the party concerned shall simultaneously
transmit to the Tribunal the relevant document in its entirety, to
enable the Tribunal to check that the information omitted is
indeed confidential and that the omissions are not prejudicial to
the other party’s right to a fair hearing or to the proper admin-
istration of justice. Where appropriate, the Tribunal shall request
the production of an amended version. The full version of the
document in question shall be returned by the Tribunal after
examination.

2.
A party may apply pursuant to Article 109(5) of the Rules
of Procedure for certain information or documents on the case
file to be treated as confidential in relation to an intervener or,
where cases are joined in accordance with Article 46 of the
Rules of Procedure,
in relation to another party in a joined
case. Such an application must be made in accordance with
the provisions of the Practice Directions to parties.

Article 8

Non-acceptance of documents and regularisation

1.
The Registrar shall ensure that documents placed on the
file are in conformity with the provisions of the Statute of the
Court of Justice, the Rules of Procedure, the Practice Directions
to parties and these Instructions to the Registrar. If necessary, he
shall allow the parties a period of time for making good any
formal irregularities in the documents lodged. Service shall be
delayed in the cases provided for by Article 36 of the Rules of
Procedure. Service may be delayed in the case of other formal
irregularities.

2.
The Registrar shall refuse to register documents which are
not provided for by the Rules of Procedure. If in doubt, or in
the event of a challenge by the parties, the Registrar shall refer
the matter to the President in order for a decision to be taken.

the Rules of
3. Without prejudice to Article 34(6) of
Procedure concerning the lodgement of documents by fax or
other technical means of communication, the Registrar shall
accept only documents bearing the original signature of the
party’s representative.

4.
The Registrar shall ensure that the volume of procedural
documents, including their annexes, does not exceed that which
would preclude the proper administration of justice, and that
they are lodged in accordance with the relevant provisions of
the Practice Directions to parties.

Save in the cases expressly provided for by the Rules of
5.
Procedure,
the Registrar shall refuse to accept pleadings or
procedural documents of the parties drawn up in a language
other than the language of
the case. However, where duly
justified, the Registrar may accept annexes in a language other
than the language of the case. If in doubt, or in the event of a
challenge by the parties, the Registrar shall refer the matter to
the President in order for a decision to be taken.

6. Where an application to intervene originating from a third
party other than a Member State is not drawn up in the
language of the case, the Registrar shall require the application
to be put in order before it is served on the parties. If a version
of such an application drawn up in the language of the case is
lodged within the period prescribed for this purpose by the
Registrar,
in the
language of the case, was lodged shall be taken as the date
on which the document was lodged.

the date on which the first version, not

7.
If the party concerned fails to make good the irregularity
or challenges the request for regularisation, the Registrar shall
refer to the matter to the President for a decision.

Article 9

Presentation of originating applications

considers

the Registrar

1. Where
an application
initiating proceedings is not in conformity with Article 35(1)
of the Rules of Procedure, he shall suspend service of the appli-
cation in order that the Tribunal may give a decision on the
admissibility of the action.

that

the production of

For the purposes of

the document
2.
required by Article 35(5) of the Rules of Procedure certifying
that the lawyer acting for a party or assisting the party’s agent is
authorised to practise before a court of a Member State or of
another State which is a party to the Agreement on the
European Economic Area,
reference may be made to a
document previously lodged at the Registry of the Tribunal.
In every case, the document to which reference may be made
must have been drawn up not more than five years before the
date on which the application was lodged.

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Official Journal of the European Union

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Article 10

Service

The Registrar shall ensure that, where the Statute of the
1.
Justice or the Rules of Procedure provide for a
Court of
document to be served, a notice to be given or a communi-
cation to be made, the steps are carried out in accordance with
Article 99 of the Rules of Procedure.

2.
In the procedures on applications for interim measures
referred to in Articles 102 to 108 of the Rules of Procedure,
the Registrar may send procedural documents by all appropriate
means which urgency requires, and in particular by fax; in the
event of such transmission,
the Registrar shall nevertheless
ensure that
followed by a dispatch in the manner
it
prescribed by Article 99 of the Rules of Procedure.

is

Article 11

Setting and extension of time limits

1.
The Registrar shall prescribe and extend, where appro-
priate, the time limits provided for in the Rules of Procedure
in accordance with the authority accorded to him by the
President.

Documents

2.
the period
prescribed for their lodgement has expired may be accepted
only with the authorisation of the President.

the Registry after

received at

the

surnames,

the representatives of
forenames,

the hearing, if applicable an indication that the hearing was in
camera, the names of the Judges and the Registrar present, the
names and capacities of
the parties
and permanent
present,
the
addresses of applicants in person,
witnesses or experts examined, an indication of the evidence
or documents produced at
insofar as is
necessary,
the hearing and the
the
decisions pronounced at the hearing by the Tribunal or the
President. The minutes shall be sent to the parties.

if applicable, and of

statements made at

the hearing and,

status

Article 13

Witnesses and experts

1.
The Registrar shall take the measures necessary for giving
effect to orders requiring the taking of expert opinion or the
examination of witnesses.

The Registrar shall obtain from witnesses evidence of their
2.
expenses and loss of earnings and from experts a fee note
accounting for their expenses and services.

3.
The Registrar shall cause sums due to witnesses and
experts under the Rules of Procedure to be paid from the
Tribunal’s treasury. In the event of a dispute concerning such
sums, the Registrar shall refer the matter to the President in
order for a decision to be taken.

3.
The time limits provided for in the Rules of Procedure
may be extended only in special circumstances. Any application
to that effect must be properly reasoned and must reach the
Registry in sufficient time in relation to the expiry of the time
limit initially prescribed. A time limit may not be extended
more than once save for exceptional reasons.

The Registrar shall arrange for the costs of examining
4.
experts or witnesses advanced by the Tribunal in a case to be
demanded from the parties ordered to pay the costs.
If
necessary, steps shall be taken pursuant to Article 15(2) of
these Instructions.

Article 12

Hearings and minutes of hearings

1.
Before every public hearing the Registrar shall draw up a
cause list in the language of the case. The cause list shall contain
the date, hour and place of
the competent
formation of the Tribunal, an indication of the cases which
will be called and the names of the parties.

the hearing,

The cause list shall be displayed at the entrance to the

2.
courtroom.

3.
The Registrar shall draw up in the respective language of
each case the minutes of every hearing. Those minutes shall
contain an indication of the case, the date, hour and place of

Article 14

Originals of judgments and orders

1.
Originals of judgments and orders of the Tribunal shall be
kept in chronological order in the archives of the Registry. A
certified copy shall be placed on the case file.

At the parties’ request, the Registrar shall supply them
2.
with additional certified copies of the original of a judgment
or of an order.

A note of

judgments or orders of

3.
the Court of First
Instance on appeal, or of the Court of Justice in the event of
a review, shall be made in the margin of the judgment or order
concerned and a certified copy annexed to the original of the
judgment or order appealed against.

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Article 15

Recovery of sums

The Registrar shall ensure that the case law of the Tribunal
3.
is made public in accordance with any arrangements adopted by
the Tribunal.

1. Where sums paid out by way of
legal aid or sums
advanced to witnesses or experts are recoverable by the
Tribunal’s treasury,
the Registrar shall, by registered letter,
demand payment of those sums from the party which is to
bear
them in accordance with the decision by which the
proceedings have been closed.

2.
If the sums demanded are not paid within the period
prescribed by the Registrar, he may request the Tribunal to
make an enforceable decision and, if necessary, require its en-
forcement.

Article 16

Registry charges

1. Where a copy of a procedural document or an extract
from the case file or from the register is supplied to a party
on paper at its request, the Registrar shall
impose a Registry
charge of EUR 3,50 per page for a certified copy and EUR 2,50
per page for an uncertified copy.

2. Where the Registrar arranges for a procedural document
or an extract from the case file to be translated at the request of
a party, a Registry charge of EUR 1,25 per line shall be
imposed.

The charges referred to in this Article shall, as from
3.
1 January 2008, be
the
weighted cost-of-living index published by the Government of
the Grand Duchy of Luxembourg is increased by 10 %.

increased by 10 % each time

Article 17

Publication of documents and posting of documents
on the Internet

1.
The Registrar shall be responsible for the publications of
the Tribunal and for posting on the Internet documents relating
to the Tribunal.

2.
The Registrar shall cause to be published in the Official
Journal of the European Union the decisions provided for by the
Rules of Procedure and these Instructions, as well as notices of
proceedings brought and of decisions closing proceedings.

Article 18

Advice for lawyers and agents

The Registrar shall make known to the parties’ represen-
1.
tatives the Practice Directions to parties and these Instructions
to the Registrar.

2. When requested by the parties’
the
Registrar shall provide them with information on the practice
followed pursuant to the Rules of Procedure, pursuant to the
Practice Directions to parties and pursuant to these Instructions
to the Registrar
to ensure that proceedings are
conducted efficiently.

representatives,

in order

Article 19

Derogations from these Instructions

Where the special circumstances of a case and the proper
administration of justice require, the Tribunal or the President
may derogate from any of these Instructions.

Article 20

Entry into force of these Instructions

These Instructions to the Registrar, which are authentic in
1.
the Rules of
the languages referred to in Article 36(2) of
Instance, applicable to the
the Court of First
Procedure of
Tribunal by virtue of Article 29 of
its Rules of Procedure,
shall be published in the Official Journal of the European Union.

They shall enter into force on the day on which the Rules

2.
of Procedure enter into force.

Done at Luxembourg, 19 September 2007.

W. HAKENBERG
The Registrar

P.J. MAHONEY
The President