Amendments to the Rules of Procedure of the Court of Justice
Date: 2010-03-23
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, operation of the Institutions, rules of procedure








L_2010092EN.01001201.xml










13.4.2010   


EN


Official Journal of the European Union


L 92/12








            AMENDMENTS TO THE RULES OF PROCEDURE OF THE COURT OF JUSTICE
         


THE COURT,

Having regard to the Treaty on European Union,


Having regard to the Treaty on the Functioning of the European Union, and in particular the sixth paragraph of Article 253 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community and Protocol No 2 annexed to the Treaty of Lisbon amending the Treaty establishing the European Atomic Energy Community,


Having regard to Protocol No 36 annexed to the Treaties and, in particular, Title VII thereof on transitional provisions concerning acts adopted on the basis of Titles V and VI of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon,


Whereas the necessary amendments should be made to its Rules of Procedure following the entry into force of the Treaty of Lisbon,


With the Council’s approval given on 8 March 2010,

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE:



Article 1
The Rules of Procedure of the Court of Justice of the European Communities (1) are hereby amended as follows:






1.


The title of the Rules shall be replaced by ‘Rules of Procedure of the Court of Justice’.










2.


In the Rules:






(a)


the words ‘Community’ and ‘Communities’ shall be replaced by ‘Union’, and the words ‘European Communities’ shall, save in the case of Article 126, be replaced by ‘European Union’, and any necessary grammatical changes shall be made;










(b)


the words ‘Court of First Instance’ shall be replaced by ‘General Court’;










(c)


the word ‘Commission’ shall be replaced by ‘European Commission’.














3.


The first paragraph of Article 1 shall be replaced by the following:

                                 ‘In these Rules:






—


provisions of the Treaty on European Union are referred to by the number of the article followed by “TEU”,










—


provisions of the Treaty on the Functioning of the European Union are referred to by the number of the article concerned followed by “TFEU”,










—


provisions of the Treaty establishing the European Atomic Energy Community are referred to by the number of the article followed by “TEAEC”,










—



                                       “Statute” means the Protocol on the Statute of the Court of Justice of the European Union,










—



                                       “EEA Agreement” means the Agreement on the European Economic Area.’
                                    














4.


In the second paragraph of Article 1, the first indent shall be replaced by the following:






‘—


“institutions” means the institutions of the Union and bodies, offices and agencies established by the Treaties, or by an act adopted in implementation thereof, which may be parties before the Court’;














5.


In Article 7(1), the words ‘Article 223 of the EC Treaty, and Article 139 of the EAEC Treaty’ shall be replaced by ‘Article 253 TFEU’.










6.


In Article 16(7), the words ‘Article 241 of the EC Treaty, or Article 156 of the EAEC Treaty’ shall be replaced by ‘Article 277 TFEU’ and the words ‘Article 241 of the EC Treaty’ by ‘Article 277 TFEU’.










7.


In Article 38(6), the words ‘Articles 238 and 239 of the EC Treaty and Articles 153 and 154 of the EAEC Treaty’ shall be replaced by ‘Article 273 TFEU’, and the words ‘by a copy of the arbitration clause contained in the contract governed by private or public law entered into by the Communities or on their behalf, or, as the case may be,’ shall be deleted.










8.


In Article 48(4), the words ‘Articles 244 and 256 of the EC Treaty and Articles 159 and 164 of the EAEC Treaty’ shall be replaced by ‘Articles 280 TFEU and 299 TFEU and Article 164 TEAEC’.










9.


In the second paragraph of Article 77, the words ‘Articles 230 and 232 of the EC Treaty and Articles 146 and 148 of the EAEC Treaty’ shall be replaced by ‘Articles 263 TFEU and 265 TFEU’.










10.


In Article 80(1), the words ‘the Union Treaty, the EC Treaty and the EAEC Treaty, the Statute of the Court’ shall be replaced by ‘the Treaties, the Statute’.










11.


In the first subparagraph of Article 83(1), the words ‘Article 242 of the EC Treaty or Article 157 of the EAEC Treaty’ shall be replaced by ‘Article 278 TFEU or Article 157 TEAEC’.










12.


In the second subparagraph of Article 83(1), the words ‘Article 243 of the EC Treaty or Article 158 of the EAEC Treaty’ shall be replaced by ‘Article 279 TFEU’.










13.


In the first paragraph of Article 89, the words ‘Articles 244 and 256 of the EC Treaty or Articles 159 and 164 of the EAEC Treaty’ shall be replaced by ‘Articles 280 TFEU and 299 TFEU or Article 164 TEAEC’.










14.


In Article 104(1), the words ‘the provisions of Community’ shall be replaced by ‘the provisions of European Union’.










15.


In the first subparagraph of Article 104b(1), the words ‘the areas covered by Title VI of the Union Treaty or Title IV of Part Three of the EC Treaty’ shall be replaced by ‘the areas covered by Title V of Part Three of the Treaty on the Functioning of the European Union’.










16.


In the first subparagraph of Article 107(1), the words ‘Article 300 of the EC Treaty’ shall be replaced by ‘Article 218 TFEU’.










17.


In Article 107(2), the words ‘EC Treaty’ shall be replaced by ‘Treaties’.










18.


Chapter 12 of Title III (Article 109a) shall be repealed.










19.


The words ‘in the version in force before the entry into force of the Treaty of Lisbon’ shall be added to the end of the title of Chapter 13, entitled ‘Settlement of the disputes referred to in Article 35 of the Union Treaty’.










20.


In the first subparagraph of Article 109b(1), the words ‘Article 35(7) of the Union Treaty’ shall be replaced by ‘Article 35(7) TEU in the version in force before the entry into force of the Treaty of Lisbon, as maintained in force by Protocol No 36 annexed to the Treaties’.










21.


In the second subparagraph of Article 109b(1), the words ‘Article 35(7) of the Union Treaty’ shall be replaced by ‘Article 35(7) TEU in the version in force before the entry into force of the Treaty of Lisbon, as maintained in force by Protocol No 36 annexed to the Treaties’.










22.


In Article 123c, the words ‘Article 225(2) or (3) of the EC Treaty or Article 140a(2) or (3) of the EAEC Treaty’ shall be replaced by ‘Article 256(2) or (3) TFEU’.










23.


In the first and fifth paragraphs of Article 123d, the words ‘Article 225(3) of the EC Treaty or Article 140a(3) of the EAEC Treaty’ shall be replaced by ‘Article 256(3) TFEU’.










24.


In the fourth paragraph of Article 123d, the words ‘Article 225(2) of the EC Treaty or Article 140a(2) of the EAEC Treaty’ shall be replaced by ‘Article 256(2) TFEU’.










25.


In the first paragraph of Article 123e, the words ‘Article 225(3) of the EC Treaty or Article 140a(3) of the EAEC Treaty’ shall be replaced by ‘Article 256(3) TFEU’.










26.


In the fifth paragraph of Article 123e, the words ‘Article 225(2) of the EC Treaty or Article 140a(2) of the EAEC Treaty’ shall be replaced by ‘Article 256(2) TFEU’.










27.


In the first subparagraph of Article 123f(1), the words ‘Community legislation’ shall be replaced by ‘European Union legislation’.










28.


In the first paragraph of Article 123g, the words ‘Community legislation’ shall be replaced by ‘European Union legislation’.










29.


In Article 125, the words ‘Article 223 of the EC Treaty and Article 139 of the EAEC Treaty’ shall be replaced by ‘Article 253 TFEU’.






Article 2
These amendments to the Rules of Procedure, which are 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 day of their publication.




Done at Luxembourg, on 23 March 2010.


                
            





(1)  
            OJ L 176, 4.7.1991, p. 7.