Amendments to the Practice Rules for the Implementation of the Rules of Procedure of the General Court
Date: 2023-02-01
Institutions: General Court
Subjects: General Court (EU), legal process, operation of the Institutions, rules of procedure








L_2023073EN.01005801.xml










10.3.2023   


EN


Official Journal of the European Union


L 73/58








            AMENDMENTS TO THE PRACTICE RULES FOR THE IMPLEMENTATION OF THE RULES OF PROCEDURE OF THE GENERAL COURT
         


THE GENERAL COURT,

Having regard to Article 224 of its Rules of Procedure;


Having regard to the Practice Rules for the Implementation of the Rules of Procedure of the General Court;

 

Whereas the General Court adopted amendments to its Rules of Procedure on 30 November 2022
                (1);


Whereas the new rules on the omission of data vis-à-vis the public, on joint hearings and on videoconferencing for hearings are such that certain points of the Practice Rules should be supplemented and adapted accordingly;


Whereas it is also desirable, in the interests of the parties and of the General Court, to improve the readability of the provisions relating to the formal presentation of an application and of the schedule of annexes in order to reduce the number of cases requiring regularisation;


Whereas it is appropriate to clarify the manner in which certain Registry tasks are to be performed, particularly those relating to the keeping of the register, maintenance of the case file and inspection of the case file, in particular in view of changes made during the health crisis;


whereas the digitisation of the judicial process and the implementation, in the course of 2022, of the qualified electronic signature for judgments and orders of the General Court have various consequences which must be taken into account, in particular as regards the requirements relating to the Registry’s scale of charges and the archiving of the originals of judicial decisions;

HAS ADOPTED THESE AMENDMENTS TO THE PRACTICE RULES FOR THE IMPLEMENTATION OF THE RULES OF PROCEDURE OF THE GENERAL COURT:



Article 1
The Practice Rules for the Implementation of the Rules of Procedure of the General Court (2) are hereby amended as follows:






(1)


In point 1, the words ‘, and for the custody of the seals of the Court.’ are replaced by ‘, and for the custody of the seals of the Court and the archives.’.










(2)


In point 10, the words ‘They shall be made in the language of the case and 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.’ are replaced by ‘They shall be made in the language of the case. They shall contain in particular the date of lodgement, the date of registration, the number of the case and the nature of the document.’.










(3)


After point 10, the following point 10a is inserted:






‘10a.


The date of lodgement referred to in point 10 above shall be, depending on the circumstances: the date referred to in Article 5 of the decision of the Court of 11 July 2018, the date on which the document was received by the Registry, the date referred to in point 7 above, or the date referred to in the second indent of Article 3 of the decision of the Court of 14 September 2016. In the cases provided for by the first paragraph of Article 54 of the Statute, the date of lodgement referred to in point 10 above shall be the date on which the procedural document was lodged, via e-Curia, with the Registrar of the Court of Justice or, in the case of a document lodged as referred to in Article 147(6) of the Rules of Procedure, the date on which the document was lodged with the Registrar of the Court of Justice.’.














(4)


The text of points 12, 13 and 14 is replaced by ‘[Text deleted]’.










(5)


In point 20, the words ‘Where the Court of Justice refers a case back to the Court following the setting aside or review of a decision, that case shall be given the number’ are replaced by ‘Where the Court of Justice refers a case back to the Court following the setting aside of a decision, that case shall be given the number’.










(6)


Point 21 is replaced by the following:






‘21.


The serial number of the case and the parties shall be indicated on the procedural documents, in correspondence relating to the case, and also in the publications of the Court and in the documents and information which relate to the case and to which the public has access. Where data are omitted pursuant to Article 66 or Article 66a of the Rules of Procedure, the names of the parties shall be adapted accordingly.’.














(7)


Points 22 and 23 are replaced by the following:






‘22.


The case file shall contain the procedural documents (where applicable together with the annexes thereto) and any other document taken into account in the determination of the case, and also the correspondence with the parties and proof of service. It shall also contain, where applicable, extracts from Chamber conference minutes, the minutes of the meeting with the parties, the report for the hearing, minutes of the hearing and minutes of the inquiry hearing, and the decisions taken and matters noted by the Registry in the case.










23.


Any document placed on the case file must bear the register number referred to in point 10 above and a serial number. In addition, procedural documents lodged by the parties and any copies thereof must bear the date of lodgement and the date of entry in the register in the language of the case.’.














(8)


In point 28, the words ‘The closed file shall contain a list of all the documents on the case file, an indication of their number, and a cover page showing the serial number of the case, the parties and the date on which the case was closed.’ are replaced by ‘The closed file shall contain a list of all the documents on the case file and a declaration by the Registrar confirming that the file is complete.’.










(9)


The title of Part E.2. is replaced by the following:
‘E.2.   Inspection and obtaining copies of the case file’










(10)


Point 30 is replaced by the following:






‘30.


The representatives of the main parties may inspect the case file, including administrative files produced before the Court, at the Registry.’.














(11)


Points 32 and 33 are replaced by the following:






‘32.


In joined cases, the representatives of all parties shall have the right to inspect the files in the cases concerned by the joinder, subject to Article 68(4) of the Rules of Procedure. However, no such right of inspection shall apply where a joint hearing is organised in accordance with Article 106a of the Rules of Procedure.










33.


A person who has made an application for legal aid pursuant to Article 147 of the Rules of Procedure without the assistance of a lawyer shall have the right to inspect the file relating to the legal aid. Where a lawyer is designated to represent that person, that representative alone shall have the right to inspect that file.’.














(12)


After point 36, the following points 36a and 36b are inserted:






‘36a.


At the request of a party, the Registrar shall supply a copy of documents on the case file, if necessary in a non-confidential version, and of extracts from the register.










36b.


At the request of a third party, the Registrar shall supply a copy of judgments or orders, provided that those decisions are not already publicly accessible and do not contain confidential information, and of extracts from the register.’.














(13)


The points in Part F. are replaced by the following:






‘37.


Originals of judgments and orders of the Court shall be signed by means of a qualified electronic signature. They shall be stored in an unalterable electronic format, in chronological order, on a special server reserved for long-term archiving. The electronic copy of the certified version of the judgment or order shall be printed and placed on the case file.










38.


[Text deleted]










39.


[Text deleted]










40.


Orders rectifying a judgment or an order, judgments or orders interpreting a judgment or an order, judgments given on applications to set aside judgments by default, judgments given and orders made in third-party proceedings or on applications for revision and which are signed by means of a qualified electronic signature shall be stored on a special server reserved for long-term archiving together with, and inextricably linked to, the relevant judgment or order of the Court signed by means of a qualified electronic signature and a document containing explanatory statements signed by the Registrar.










40a.


Where the judgment or order of the Court has been signed by hand, the decision of the Court rectifying, interpreting or revising the judgment or order concerned and which has been signed by means of a qualified electronic signature shall be mentioned in the margin of the judgment or order concerned. The copy of the certified version of the decision signed by means of a qualified electronic signature shall be printed and appended to the original of the judgment or order in paper form.










40b.


Where a decision of the Court signed by means of a qualified electronic signature has given rise to a decision of the Court of Justice on appeal, that decision shall be kept in paper form together with, and inextricably linked to, the version of the relevant judgment or order of the Court of Justice as transmitted to the Court Registry and explanatory statements, signed by the Registrar, in the margin of the Court’s decision.










40c.


Decisions of the Court signed by means of a qualified electronic signature which have given rise to a decision of the Court of Justice on appeal shall be stored on a special server reserved for long-term archiving together with, and inextricably linked to, the version of the relevant judgment or order of the Court of Justice as transmitted to the Court Registry and a document containing explanatory statements signed by the Registrar.’.














(14)


The title of Part G. and the text of point 41 are replaced by ‘[Text deleted]’.










(15)


Points 45 to 50 are replaced by the following:






‘45.


Where an extract from the register is supplied in accordance with Article 37 of the Rules of Procedure, the Registrar shall impose a Registry charge of EUR 15 per extract.










46.


Where a copy of a document or an extract from the case file is supplied to a party at that party’s request in accordance with Article 38(1) of the Rules of Procedure, the Registrar shall impose a Registry charge of EUR 40 per document supplied.










47.


Where an authenticated copy of an order or of a judgment is, for the purposes of enforcement, supplied to a party at that party’s request in accordance with Article 38(1) or Article 170 of the Rules of Procedure, the Registrar shall impose a Registry charge of EUR 50 per authenticated copy.










48.


Where a copy of a judgment or of an order is supplied in accordance with point 36b above to a third party at that third party’s request, the Registrar shall impose a Registry charge of EUR 40 per copy.










49.


[Text deleted]










50.


Where a party or an applicant for leave to intervene has repeatedly failed to comply with the requirements of the Rules of Procedure or of these Practice Rules, the Registrar shall, in accordance with Article 139(c) of the Rules of Procedure, impose a Registry charge which may not exceed EUR 7 000.’.














(16)


In point 51, the words ‘, the Registrar shall demand payment of those sums from the party who is to bear them.’ are replaced by ‘, the Registrar shall demand payment of those sums from the debtor who is to bear them.’.










(17)


In point 53, the words ‘, the Registrar shall demand payment of those sums from the party or the third party who is to bear them.’ are replaced by ‘, the Registrar shall demand payment of those sums from the debtor who is to bear them.’.










(18)


The title of Part C. and the points in that part are replaced by the following:
‘C.   Omission of data vis-à-vis the public







71.


[Text deleted]










72.


An application for omission under Article 66 or Article 66a of the Rules of Procedure must be made by a separate document. It must accurately identify the data covered by the application. An application for omission of data as referred to in Article 66a of the Rules of Procedure must state the reasons on which it is based.










73.


In order to ensure that the data referred to in Articles 66 and 66a of the Rules of Procedure are not disclosed, the application for omission of data must be made as soon as the procedural document containing the data in question is lodged. The practical effect of omitting the data is undermined if the data have already been published on the internet.’.














(19)


The title of Part D. and the text of the points in that part are replaced by ‘[Text deleted]’.










(20)


In point 81, the words ‘(d) with each page numbered consecutively.’ are replaced by ‘(d) with consecutive page numbering (for example: pages 1 to 50).’.










(21)


After point 81, the following point 81a is inserted:






‘81a.


The main purpose of a footnote is to include references to documents cited in the procedural document. It is not the purpose of a footnote to develop the pleas in law or arguments put forward.’.














(22)


In point 82, the sentence ‘The schedule of annexes must appear at the end of the procedural document.’ is replaced by ‘The schedule of annexes must appear at the end of the procedural document with or without pagination.’.










(23)


Point 83 is replaced by the following:






‘83.


The schedule of annexes must indicate, for each annex:






(a)


the number of the annex (using a letter and a number; for example: A.1, A.2, … for annexes to the application; B.1, B.2, … for annexes to the defence or to the response; C.1, C.2, … for annexes to the reply; D.1, D.2, … for annexes to the rejoinder);










(b)


a short description of the annex (for example: ‘letter’, followed by its date, author and addressee);










(c)


the page numbers of the first and last pages of each annex, according to the consecutive page numbering of the annexes (for example: pages 43 to 49 of the annexes);










(d)


the number of the paragraph in which the annex is first mentioned and its relevance described.’.


















(24)


Points 85 to 87 are replaced by the following:






‘85.


Only those documents mentioned in the actual text of a procedural document which are referred to in the schedule of annexes and which are necessary in order to prove or illustrate its contents may be submitted as annexes to a procedural document.










86.


Annexes to a procedural document must be submitted in such a way as to facilitate the electronic inspection of documents by the Court and to avoid any possibility of confusion. Accordingly, the following requirements must be complied with:






(a)


each annex must be numbered in accordance with point 83(a) above;










(b)


it is recommended that each annex be introduced by means of a specific cover page;










(c)


annexes to a procedural document must be paginated consecutively (for example: 1 to 152) from the first page of the first annex (not of the schedule of annexes), including cover pages and any annexes to the annexes;










(d)


the annexes must be easily legible.














87.


Each reference to an annex produced must include the annex number as stated in the schedule of annexes and indicate the procedural document with which the annex has been produced (for example: Annex A.1 to the application).’.














(25)


Points 92 to 94 are replaced by the following:






‘92.


The Registrar shall refuse to enter in the register and to place on the case file, in whole or in part, procedural documents and, where appropriate, items which are not provided for by the Rules of Procedure. If in doubt, the Registrar shall refer the matter to the President in order for a decision to be taken.










93.


Save in the cases expressly provided for by the Rules of Procedure and subject to Article 46(2) of the Rules of Procedure and point 100 below, the Registrar shall refuse to enter in the register and to place on the case file procedural documents or items drawn up in a language other than the language of the case.










94.


Where a party challenges the Registrar’s refusal to enter all or part of a procedural document or item in the register and to place it on the case file, the Registrar shall submit that issue to the President for a decision on whether the document or item in question is to be accepted.’.














(26)


The text of points 98 and 99 is replaced by ‘[Text deleted]’.










(27)


In point 101, the words ‘Failure to put the application in order may result in the action being dismissed as inadmissible, in accordance with Article 78(6), Article 177(6) and Article 194(5) of the Rules of Procedure.’ are replaced by ‘Failure to put the application in order may result in the action being dismissed as inadmissible, in accordance with Article 78(6) and Article 177(6) of the Rules of Procedure.’.










(28)


After point 104, the following point 104a is inserted:






‘104a.


The schedule of annexes and any table of contents shall not be taken into account in determining the maximum number of pages of a pleading.’.














(29)


The title ‘A.1. Direct actions’ is replaced by ‘A.1. Direct actions (other than those relating to intellectual property cases)’.










(30)


The title ‘B.1. Direct actions’ is replaced by ‘B.1. Direct actions (other than those relating to intellectual property cases)’.










(31)


In point 116, the words ‘The documents referred to in Article 51(2) and (3) … of the Rules of Procedure must be produced’ are replaced by ‘The documents referred to in Article 51(2) and (3) … of the Rules of Procedure must be produced, where appropriate,’.










(32)


The text of point 117 is replaced by ‘[Text deleted]’.










(33)


In point 119, the last indent ‘– be transmitted by email, as an ordinary electronic file produced using word-processing software, to GC.Registry@curia.europa.eu, indicating the case to which it relates.’ is replaced by ‘– be transmitted by e-Curia when the application is lodged, with an indication of the case to which it relates.’.










(34)


The text of point 122 is replaced by the following:

                              ‘In order to facilitate formal preparation of the application, the parties’ representatives may find it useful to consult the document entitled “Aide-mémoire – Application” and the indicative model application available on the internet site of the Court of Justice of the European Union.’.










(35)


In point 127, the words ‘Points 116 and 117 above shall apply’ are replaced by ‘Point 116 shall apply’.










(36)


In point 134, the words ‘Points 113 to 115, 117 and 120 to 122 above’ are replaced by ‘Points 113 to 115 and 120 to 122 above’.










(37)


In point 138, the words ‘Points 117, 125 and 126 above’ are replaced by ‘Points 125 and 126 above’.










(38)


Point 144 is replaced by the following:






‘144.


The parties shall be given notice to attend the hearing by the Registry at least one month before it takes place, provided always that, where the circumstances so require, a shorter period of notice may apply. Where the Court decides to organise a joint hearing of two or more cases pursuant to Article 106a of the Rules of Procedure, the notice to attend the hearing shall specify in particular the cases that will be dealt with at that hearing.’.














(39)


After point 147, the following point 147a is inserted:






‘147a.


Where the Court decides to organise a joint hearing of two or more cases pursuant to Article 106a of the Rules of Procedure, the summary report for the hearing drawn up in the language of the case in each of the cases concerned shall be served on all other parties to whom notice to attend that hearing has been given.’.














(40)


After point 152, the following point 152a is inserted:






‘152a.


If a party intends to request a derogation from the language arrangements in accordance with Article 45(1)(c) or (d) of the Rules of Procedure in order for a language other than the language of the case to be used at the hearing, the request must be submitted as soon as possible after notice to attend has been given.’.














(41)


In point 162, the words ‘Each of the main parties will be allowed 15 minutes and each intervener will be allowed 10 minutes to present oral submissions (in joined cases, each of the main parties will be allowed 15 minutes for each case and each intervener will be allowed 10 minutes for each case),’ are replaced by ‘Each of the main parties will be allowed 15 minutes and each intervener will be allowed 10 minutes to present oral submissions (at a hearing in joined cases or at a joint hearing, each of the main parties will be allowed 15 minutes for each case and each intervener will be allowed 10 minutes for each case),’.










(42)


Point 165 is replaced by the following:






‘165.


Where two or more parties are advancing the same argument before the Court (a situation which may arise where there are interventions, where cases are joined or where the similarities between cases are such that a joint hearing is warranted), their representatives are requested to confer with each other before the hearing in order to avoid any repetition. Representatives of the parties concerned must, however, ensure that they adopt a position only on behalf of the parties whom they represent and that they comply with Article 84 of the Rules of Procedure, which lays down the conditions under which a new plea in law may be introduced in the course of proceedings before the Court.’.














(43)


Point 167 is replaced by the following:






‘167.


In accordance with Article 85(3) of the Rules of Procedure, the main parties may, exceptionally, produce further evidence at the hearing. In such a situation, it is recommended that sufficient copies (including, where appropriate, in a non-confidential version for interveners) be made available. The other parties will be heard on the admissibility and content thereof.’.














(44)


After point 167, a new part is inserted:
‘Ca.   Participation in a hearing by videoconference


Ca. 1.   Request for the use of videoconferencing







167a.


If a party’s representative is prevented from participating in person in a hearing which he has been given notice to attend, whether for health reasons (for example, an impediment of an individual medical nature or resulting from travel restrictions linked to an epidemic), or on security or other serious grounds (for example, a strike in the air transport sector), the representative of the party concerned must lodge, by a separate document, a reasoned request to participate in the hearing by videoconference.










167b.


In order to ensure that the request can be properly processed by the Court, it must be submitted as soon as the reason for the impediment is known and contain:






—


precise and substantiated details of the nature of the impediment relied on;










—


the contact details of a contact person with whom any necessary technical and interpretation tests may be carried out in advance of the hearing;










—


if applicable, the case number of the last case in which the representative participated in a hearing by videoconference before the Court or the Court of Justice.














167c.


Any request for the use of videoconferencing shall be served on the other parties to the case.










167d.


The party requesting the use of videoconferencing and the other parties to the case shall be informed by the Registry of the decision taken by the President of the Chamber on the request.










167e.


If that decision is favourable, the contact person whose details will previously have been supplied by the representative in his request will be contacted by the technical support services of the Court of Justice of the European Union so that the mandatory technical and interpretation tests involving the representative can be organised as quickly as possible.










167f.


If the tests prove to be successful, the hearing can be organised by videoconference, and the parties shall be notified accordingly. If the tests prove to be unsuccessful, the parties shall be notified of the consequences as regards proceeding with the hearing or adjourning it.





Ca. 2.   Technical conditions







167g.


The use of videoconferencing for oral hearings requires high sound and image quality and a perfectly stable connection, which are tested prior to the hearing. Accordingly, the following technical requirements must be met:






—


only connections using the H.323 or SIP protocols shall be permitted. H.323 and SIP are protocols specifically used for setting up videoconference calls and ensure stability and optimal security of connections;










—


the use of a software platform or any other meeting system based exclusively on a computer application shall not be permitted;










—


connections via mobile devices such as laptops, tablets or smartphones shall not be permitted.














167h.


Where the representative participates in the hearing by videoconference, he may use only the language in which he is authorised to plead under the Rules of Procedure and may, without prejudice to future developments, have access only to interpretation into that language.





Ca. 3.   Practical recommendations for representatives making oral submissions by videoconference







167i.


Practical recommendations for representatives making oral submissions by videoconference can be found on the internet site of the Court of Justice of the European Union.’.














(45)


In point 168, the words ‘by email (interpret@curia.europa.eu).’ are replaced by ‘by email (interpretation@curia.europa.eu).’.










(46)


After point 172, the following point 172a is inserted:






‘172a.


Where a joint hearing of two or more cases is organised in accordance with Article 106a of the Rules of Procedure, minutes of the hearing, the content of which shall be identical for all the cases concerned, shall be placed on the file for each case in the language of the case.’.














(47)


After point 184, the following point 184a is inserted:






‘184a.


No application for confidential treatment vis-à-vis the other parties to the proceedings may be made by an intervener.’.














(48)


Point 225 is replaced by the following:






‘225.


The application for suspension of operation or enforcement or other interim measures must state, first, the subject matter of the proceedings and, clearly and concisely, the pleas of fact and law on which the main action is based, establishing a prima facie case on the merits in that action. It must state, secondly, precisely the measure(s) applied for. It must state, thirdly, giving reasons with documentary evidence, the circumstances giving rise to urgency.’.














(49)


After point 225, the following point 225a is inserted:






‘225a.


In accordance with the second sentence of Article 156(4) of the Rules of Procedure, the application for interim measures must contain all the evidence and offers of evidence available to justify the grant of interim measures. Thus, the judge hearing the application for interim measures must have specific and precise information, supported by detailed and, where appropriate, certified documentary evidence or offers of evidence showing the situation in which the party seeking the interim measures finds itself and enabling the probable consequences, should the measures sought not be granted, to be assessed.’.














(50)


Point 227 is replaced by the following:






‘227.


In order that an application for interim measures may be dealt with urgently, the number of pages it contains must not in principle exceed a maximum of 25 pages, taking into account the subject matter and the circumstances of the case.’.














(51)


Annex 1 is amended as follows:






(a)


in the introductory part, the words ‘in accordance with Article 78(6), Article 177(6) and Article 194(5) of the Rules of Procedure.’ are replaced by ‘in accordance with Article 78(6) and Article 177(6) of the Rules of Procedure.’;










(b)


the heading of the first column ‘Direct actions’ is replaced by ‘Direct actions (other than intellectual property cases)’;










(c)


point (a) of the first and second columns is replaced by the following:






‘a)


‘production of the document referred to in Article 51(2) of the Rules of Procedure unless such a document has already been lodged for the purposes of opening an account giving access to e-Curia (Article 51(2) of the Rules of Procedure)’;














(d)


in point (b), the words in the first and second columns ‘recent proof of the existence in law’ are replaced by ‘proof of the existence in law’;










(e)


in point (g), the words in the second column ‘and the addresses which they had given for the purposes of notifications’ are replaced by ‘and the addresses which they had given for the purposes of notifications, if the circumstances so require’.














(52)


Annex 2 is amended as follows:






(a)


in point (a), the words ‘(first paragraph of Article 21 of the Statute; Article 76(a), Article 177(1)(a) and Article 194(1)(a) of the Rules of Procedure)’ are replaced by ‘(first paragraph of Article 21 of the Statute; Article 76(a) and Article 177(1)(a) of the Rules of Procedure)’;










(b)


in point (b), the words ‘(Article 76(b), Article 177(1)(b) and Article 194(1)(b) of the Rules of Procedure)’ are replaced by ‘(Article 76(b) and Article 177(1)(b) of the Rules of Procedure)’;










(c)


in point (h), the words ‘(point 86(d) of these Practice Rules)’ are replaced by ‘(point 86(c) of these Practice Rules)’.














(53)


Annex 3 is amended as follows:






(a)


the text in point (a) is replaced by the following: ‘production of the document referred to in Article 51(2) of the Rules of Procedure in respect of any additional lawyer, unless such a document has already been lodged for the purposes of opening an account giving access to e-Curia (Article 51(2) of the Rules of Procedure)’;










(b)


in point (c), the words ‘(Article 46(2) of the Rules of Procedure; point 99 of these Practice Rules)’ are replaced by ‘(Article 46(2) of the Rules of Procedure)’.










Article 2
These amendments to the Practice Rules for the Implementation of the Rules of Procedure of the General Court shall be published in the Official Journal of the European Union.
They shall enter into force on 1 April 2023.




Done at Luxembourg, 1 February 2023.


Registrar

E. COULON
            



President

M. VAN DER WOUDE
            





(1)  
            OJ L 44, 14.2.2023, p. 8.

(2)  
            OJ L 152, 18.6.2015, p. 1, as amended (OJ L 217, 12.8.2016, p. 78, OJ L 294, 21.11.2018, p. 23, corrigenda OJ L 196, 21.7.2016, p. 56 and OJ L 296, 22.11.2018, p. 40).