Amendments to the Rules of Procedure of the Court of Justice
Date: 2008-07-08
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, administrative procedure, judicial proceedings, operation of the Institutions

L 200/18

EN

Official Journal of the European Union

29.7.2008

RULES OF PROCEDURE

AMENDMENTS TO THE RULES OF PROCEDURE OF THE COURT OF JUSTICE

THE COURT,

Having regard to the Treaty
Community,
and in particular
Article 223 thereof,

establishing the European
sixth paragraph of

the

L 281, 19.10.2002, p. 24), 8 April 2003 (OJ L 147, 14.6.2003,
p. 17), 19 April 2004 (OJ L 132, 29.4.2004, p. 2), 20 April
2004 (OJ L 127, 29.4.2004, p. 107), 12 July 2005 (OJ L 203,
4.8.2005, p. 19), 18 October 2005 (OJ L 288, 29.10.2005,
p. 51), 18 December 2006 (OJ L 386, 29.12.2006, p. 44)
and 15 January 2008 (OJ L 24, 29.1.2008, p. 39) are hereby
amended as follows:

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular the sixth paragraph of
Article 139 thereof,

1. The following shall be inserted after Article 123:

Whereas:

(1)

(2)

(3)

the

and

(3) of

EC Treaty

and
Article 225(2)
Article 140a(2) and (3) of
the EAEC Treaty provide
that there is to be a procedure for the review by the
Court of Justice of the decisions of the Court of First
Instance where that Court has
ruled on an appeal
brought against a decision of a judicial panel or has
given a ruling on questions referred for a preliminary
ruling in specific areas laid down by the Statute.

conditions and limits applying to the

review
The
procedure have been laid down in Articles 62 to 62b
of the Protocol on the Statute of the Court of Justice.

The Rules of Procedure should regulate the conduct of
the review procedure and lay down certain detailed rules
to govern it.

With the Council’s approval given on 23 June 2008.

‘TITLE IVA

REVIEW OF DECISIONS OF THE COURT OF FIRST
INSTANCE

Article 123b

A special Chamber shall be set up for the purpose of
in accordance with Article 123d, whether a
deciding,
decision of the Court of First Instance is to be reviewed in
accordance with Article 62 of the Statute.

That Chamber shall be composed of the President of the
Court and of four of the Presidents of the Chambers of
five Judges designated according to the order of precedence
laid down in Article 6 of these Rules.

Article 123c

As soon as the date for the delivery of a decision to be given
the EC Treaty or
under Article 225(2) or
the
Article 140a(2) or (3) of
inform the
Registry of
Registry of
Justice. The decision shall be
communicated immediately upon its delivery.

the Court of First
the Court of

the EAEC Treaty is fixed,

Instance shall

(3) of

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF
PROCEDURE:

Article 123d

Article 1

The Rules of Procedure of the Court of Justice of the European
Communities of 19 June 1991 (OJ L 176, 4.7.1991, p. 7, with
corrigendum in OJ L 383, 29.12.1992, p. 117), as amended on
21 February 1995 (OJ L 44, 28.2.1995, p. 61), 11 March 1997
(OJ L 103, 19.4.1997, p. 1, with corrigendum in OJ L 351,
23.12.1997, p. 72), 16 May 2000 (OJ L 122, 24.5.2000,
p. 43), 28 November 2000 (OJ L 322, 19.12.2000, p. 1),
3 April 2001 (OJ L 119, 27.4.2001, p. 1), 17 September
2002 (OJ L 272, 10.10.2002, p. 24, with corrigendum in OJ

the First Advocate General

The proposal of
to review a
decision of the Court of First Instance shall be forwarded
to the President of the Court of Justice and notice of that
transmission shall be given to the Registrar at the same time.
Where the decision of the Court of First Instance has been
EC Treaty
given under Article 225(3)
or
the Registrar shall
the EAEC Treaty,
Article 140a(3) of
forthwith inform the Court of First Instance, the national
court,
the parties to the proceedings before the national
court and the other interested parties referred to in the
second paragraph of Article 62a of
the
proposal to review.

the Statute of

the

of

29.7.2008

EN

Official Journal of the European Union

L 200/19

As soon as the proposal to review has been received, the
President shall designate the Judge-Rapporteur from among
the Judges of the Chamber referred to in Article 123b.

under Article 225(3) of

EC Treaty or
Court
Article 140a(3) of the EAEC Treaty, to the national court
concerned.

the

acting on a

Judge-
That Chamber,
Rapporteur, shall decide whether the decision of the Court
of First Instance is to be reviewed. The decision to review the
decision of the Court of First Instance shall
indicate the
questions which are to be reviewed.

from the

report

of

the

Where the decision of the Court of First Instance has been
EC Treaty
given under Article 225(2)
or
the Court of First
the EAEC Treaty,
Article 140a(2) of
Instance, the parties to the proceedings before it and the
other interested parties referred to in the second paragraph
of Article 62a of the Statute shall forthwith be informed by
the Registrar of the decision of the Court of Justice to review
the decision of the Court of First Instance.

of

the

Where the decision of the Court of First Instance has been
given under Article 225(3)
or
EC Treaty
the Court of First
the EAEC Treaty,
Article 140a(3) of
Instance, the national court, the parties to the proceedings
before the national court and the other interested parties
referred to in the second paragraph of Article 62a of the
Statute shall forthwith be informed by the Registrar of the
decision of the Court of Justice as to whether or not the
decision of the Court of First Instance is to be reviewed.
Notice of a decision to review the decision of the Court of
First Instance shall be given in the Official
the
European Union.

Journal of

Article 123e

the Court of First
The decision to review a decision of
Instance shall be notified to the parties and the other
interested parties referred to in the second paragraph of
Article 62a of the Statute. The notification to the Member
States, and the States, other than the Member States, which
are parties to the EEA Agreement, as well as the EFTA
Surveillance Authority, shall be accompanied by a translation
of the decision of the Court of Justice in accordance with the
provisions of
and second subparagraphs of
Article 104(1) of these Rules. The decision of the Court of
Justice shall also be communicated to the Court of First
in cases involving a decision given by that
Instance and,

first

the

Within one month of the notification referred to in the
preceding paragraph,
to
whom the decision of
Justice has been
notified may lodge statements or written observations on
the questions which are subject to review.

the parties and other persons

the Court of

As soon as a decision to review a decision of the Court of
First Instance has been taken, the First Advocate General
shall assign the review to an Advocate General.

After designating the Judge-Rapporteur, the President shall
fix the date on which the latter is to present a preliminary
report to the general meeting of the Court. That report shall
contain the recommendations of the Judge-Rapporteur as to
whether any preparatory steps should be taken, as to the
formation of
to which the review should be
assigned and as to whether a hearing should take place,
and also as to the manner in which the Advocate General
should present his views. The Court shall decide, after
hearing the Advocate General, what action to take upon
the recommendations of the Judge-Rapporteur.

the Court

Where the decision of the Court of First Instance which is
subject to review was given under Article 225(2) of the EC
Treaty or Article 140a(2) of the EAEC Treaty, the Court of
Justice shall make a decision as to costs.’

2. Article 123a shall become Article 123f and Article 123b

shall become Article 123g.

Article 2

to the Rules of Procedure, which are
These amendments
authentic in the languages referred to in Article 29(1) of these
Rules, shall be published in the Official Journal of the European
Union and shall enter into force on the first day of the second
month following their publication.

Done at Luxembourg, 8 July 2008.