2009/170/EC,Euratom: Decision of the Council of 16 February 2009 amending the Rules of Procedure of the Court of First Instance of the European Communities as regards the language arrangements applicable to appeals against decisions of the European Union Civil Service Tribunal
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: General Court (EU), administrative procedure, nuclear energy, operation of the Institutions, use of languages

4.3.2009

EN

Official Journal of the European Union

L 60/3

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

DECISION OF THE COUNCIL

of 16 February 2009

amending the Rules of Procedure of the Court of First Instance of the European Communities as
regards the language arrangements applicable to appeals against decisions of the European Union
Civil Service Tribunal

(2009/170/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to Article 64 of the Protocol on the Statute of
the Court of Justice,

In accordance with the procedure laid down in the second
the Treaty establishing the
subparagraph of Article 245 of
European Community
second subparagraph of
and the
Article 160 of the Treaty establishing the European Atomic
Energy Community,

Having regard to the request of
24 September 2008,

the Court of

Justice of

Article 1

The Rules of Procedure of the Court of First Instance of the
European Communities of 2 May 1991 (OJ L 136, 30.5.1991,
p. 1, as corrected by OJ L 317, 19.11.1991, p. 34), amended on
15 September 1994 (OJ L 249, 24.9.1994, p. 17), 17 February
1995 (OJ L 44, 28.2.1995, p. 64), 6 July 1995 (OJ L 172,
22.7.1995, p. 3), 12 March 1997 (OJ L 103, 19.4.1997,
p. 6, as
corrected by OJ L 351, 23.12.1997, p. 72),
17 May 1999 (OJ L 135, 29.5.1999, p. 92), 6 December
2000 (OJ L 322, 19.12.2000, p. 4), 21 May 2003 (OJ
L 147, 14.6.2003, p. 22), 19 April 2004 (OJ L 132,
29.4.2004, p. 3), 21 April 2004 (OJ L 127, 29.4.2004,
p. 108), 12 October 2005 (OJ L 298, 15.11.2005, p. 1),
18 December 2006 (OJ L 386, 29.12.2006, p. 45) and
12 June 2008 (OJ L 179, 8.7.2008, p. 12), are hereby
amended as follows:

Having regard to the opinion of the European Parliament of
13 January 2009,

there shall be inserted in ‘TITLE 5 —
before Article 137,
APPEALS AGAINST DECISIONS OF THE EUROPEAN UNION
CIVIL SERVICE TRIBUNAL’ an Article 136a, to be worded as
follows:

Having
18 November 2008,

regard to the opinion of

the Commission of

‘Article 136a

Whereas the Rules of Procedure of the Court of First Instance
should specify the language of the case in an appeal against a
decision of the Civil Service Tribunal, as referred to in Articles 9
and 10 of the Annex to the Protocol on the Statute of the
Court of Justice,

to the

arrangements

Without prejudice
laid down in
Article 35(2)(b) and (c) and the fourth subparagraph of
Article 35(3) of these Rules, in appeals against decisions of
the Civil Service Tribunal as referred to in Articles 9 and 10
of the Annex to the Statute of the Court of
Justice, the
language of the case shall be the language of the decision
of
is
the Civil Service Tribunal against which the appeal
brought.’

L 60/4

EN

Official Journal of the European Union

4.3.2009

This Decision shall enter into force on the first day of the second month following its publication in the
Official Journal of the European Union.

Article 2

Done at Brussels, 16 February 2009.

For the Council
The President
O. LIŠKA