Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2018/0900(COD)**

**INFORMATION NOTE**

From: General Secretariat of the Council

**Brussels, 18 March 2019**
**(OR. en)**

**7124/19**

**CODEC 586**
**JUR 124**
**COUR 13**
**INST 64**
**PE 58**

To: Permanent Representatives Committee/Council

Subject: Draft Regulation of the European Parliament and of the Council on
amending Protocol No 3 on the Statute of the Court of Justice of the
European Union

          - Outcome of the European Parliament's first reading

(Strasbourg, 11 to 14 March 2019)

**I.** **INTRODUCTION**

In accordance with the provisions of Article 294 of the TFEU and the joint declaration on practical

arrangements for the codecision procedure **[1]**, a number of informal contacts have taken place

between the Council, the European Parliament and the Commission with a view to reaching an

agreement on this dossier at first reading, thereby avoiding the need for second reading and

conciliation.

**1** OJ C 145, 30.6.2007, p. 5.

7124/19 AS/ev 1

# GIP.2 EN

In this context, the rapporteur, Mr Tiemo WÖLKEN (S&D, DE), presented a compromise

amendment (amendment number 6) to the proposal for a Regulation on behalf of the Committee on

Legal Affairs. This amendment had been agreed during the informal contacts referred to above.

**II.** **VOTE**

When it voted on 13 March 2019, the plenary adopted the compromise amendment (amendment

number 6) to the proposal for a Regulation. The Commission's proposal as thus amended constitutes

the Parliament's first-reading position which is contained in its legislative resolution as set out in the

Annex hereto **[2]** .

The Parliament's position reflects what had been previously agreed between the institutions. The

Council should therefore be in a position to approve the Parliament's position.

The act would then be adopted in the wording which corresponds to the Parliament's position.

**2** The version of the Parliament's position in the legislative resolution has been marked up to
indicate the changes made by the amendments to the Commission's proposal. Additions to the
Commission's text are highlighted in _**bold and italics.**_ The symbol " ▌" indicates deleted text.

7124/19 AS/ev 2

# GIP.2 EN

**ANNEX**

**(13.3.2019)**

## **Proposed amendments to Protocol No 3 on the Statute of the Court of Justice of** **the European Union ***I**

**European Parliament legislative resolution of 13 March 2019 on the draft regulation of the**
**European Parliament and of the Council on amending Protocol No 3 on the Statute of the**
**Court of Justice of the European Union (02360/2018 – C8-0132/2018 – 2018/0900(COD))**

**(Ordinary legislative procedure: first reading)**

_The European Parliament_,

–
having regard to the request from the Court of Justice submitted to Parliament and the
Council, in its revised version (02360/2018),

–
having regard to Article 256(1) and the second paragraph of Article 281 of the Treaty on the
Functioning of the European Union, and Article 106a(1) of the Treaty establishing the
European Atomic Energy Community, pursuant to which the draft act was submitted to
Parliament (C8-0132/2018),

–
having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European
Union,

–
having regard to the opinions of the European Commission (COM(2018)0534 and
C(2018)7500),

–
having regard to the provisional agreement approved by the responsible committee under
Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative
by letter of 16 January 2019 to approve Parliament’s position, in accordance with Article
294(4) of the Treaty on the Functioning of the European Union,

–
having regard to Rules 48 and 59 of its Rules of Procedure,

–
having regard to the report of the Committee on Legal Affairs and the opinion of the
Committee on Constitutional Affairs (A8-0439/2018),

1. Adopts its position at first reading hereinafter set out;

2. Instructs its President to forward its position to the Council, the Commission, the Court of
Justice and the national parliaments.

7124/19 AS/ev 3

# ANNEX GIP.2 EN

**P8_TC1-COD(2018)0900**

**Position of the European Parliament adopted at first reading on 13 March 2019 with a view to**
**the adoption of Regulation (EU, Euratom) 2019/… of the European Parliament and of the**
**Council amending Protocol No 3 on the Statute of the Court of Justice of the European Union**

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and ▌in particular ▌Article

256(1) and the second paragraph of Article 281 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community _**,**_ and ▌in

particular ▌Article 106a(1) thereof,

Having regard to the request of the Court of Justice _**,**_

After transmission of the draft legislative act to the national parliaments,

Having regard to the _**opinions**_ of the European Commission _**[3]**_ _**,**_

Acting in accordance with the ordinary legislative procedure _**[4]**_,

_**3**_ _**Opinion of 11 July 2018 (not yet published in the Official Journal) and Opinion of 23**_
_**October 2018 (not yet published in the Official Journal).**_
_**4**_ _**Position of the European Parliament of 13 March 2019.**_

7124/19 AS/ev 4

# ANNEX GIP.2 EN

Whereas:

(1) _**In accordance with Article 3(2) of Regulation (EU, Euratom) 2015/2422 of**_ the European

Parliament and the Council _**[5]**_ ▌, the Court of Justice undertook, together with the General

Court, an overall review of the jurisdiction exercised by them and considered whether,

given _**the reform of the structure of the courts of the**_ _**Union that took place pursuant to**_

_**that Regulation**_, certain changes should be made to the distribution of jurisdiction between

the Court of Justice and the General Court or to the manner in which appeals are dealt with

by the Court of Justice.

(2) As is stated in the report that it submitted to the European Parliament, to the Council and to

the Commission on 14 December 2017, the Court of Justice considers that there is no need,

at this stage, to propose changes with respect to the manner of dealing with questions that

are referred to it for a preliminary ruling under Article 267 of the Treaty on the

Functioning of the European Union _**(TFEU)**_ . References for a preliminary ruling constitute

the keystone of the judicial system of the ▌Union and are dealt with expeditiously, ▌ and

consequently a transfer to the General Court of jurisdiction to hear and determine questions

referred for a preliminary ruling, in specific areas laid down by the Statute _**of the Court of**_

_**Justice of the European Union**_, is at present not necessary.

_**5**_ _**Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of**_
_**16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the**_
_**European Union (OJ L 341, 24.12.2015, p. 14).**_

7124/19 AS/ev 5

# ANNEX GIP.2 EN

(3) The review undertaken by the Court of Justice and _**the**_ General Court nonetheless brought

to light the fact that, when adjudicating on an action for annulment brought by a Member

State against an act of the Commission relating to a failure to comply with a judgment

delivered by the Court of Justice under Article 260(2) or (3) _**TFEU**_, the General Court can

encounter serious difficulties where the Commission and the Member State concerned

disagree on the adequacy of the measures adopted by that _**Member**_ State to comply with

the judgment of the Court of Justice. On those grounds, it appears necessary to reserve ▌

exclusively to the Court of Justice ~~_**l**_~~ _**itigation concerning**_ a lump sum or a penalty payment

_**imposed on a Member State pursuant to Article 260(2) or (3) TFEU**_ .

(4) It is, moreover, clear from the review undertaken by the Court of Justice and the General

Court that many appeals are brought in cases which have already been considered twice,

initially by an independent _**board of appeal**_, then by the General Court, and that many of

those appeals are dismissed by the Court of Justice because they are patently unfounded ▌

or on the ground that they are manifestly inadmissible. In order to enable the Court of

Justice to concentrate on the cases that require its full attention, it is necessary, in the

interests of the proper administration of justice, to introduce, for appeals relating to such

cases, a _**procedure**_ whereby the Court _**of Justice allows**_ an appeal ▌ _**to proceed, wholly or**_

_**in part, only where it raises an issue that is significant**_ with respect to the unity,

consistency or development of Union law.

7124/19 AS/ev 6

# ANNEX GIP.2 EN

(5) In the light of the constant increase in the number of cases brought before the Court of

Justice, and in accordance with the letter from the President of the Court of Justice of the

European Union of 13 July 2018, it is necessary, at this stage, to prioritise the

establishment of the procedure mentioned above whereby the Court of Justice decides

whether an appeal should be allowed to proceed. The component of the request made by

the Court of Justice on 26 March 2018 that relates to the partial transfer to the General

Court of infringement proceedings should be examined at a later stage, after the report on

the functioning of the General Court provided for in Article 3(1) of Regulation _**(EU,**_

_**Euratom)**_ 2015/2422 ▌has been drawn up, in December 2020. _**It is recalled that this**_

_**report should focus in particular on the efficiency of the General Court and the necessity**_

_**and effectiveness of the increase of the number of judges to 56, taking into account also**_

_**the objective of ensuring gender balance within the General Court as mentioned in the**_

_**preamble to Regulation (EU, Euratom) 2015/2422.**_

(6) Consequently, it is necessary to amend Protocol No 3 on the Statute of the Court of Justice

of the European Union whilst ensuring, at the same time, that the terminology of the

provisions of that Protocol and that of the corresponding provisions of the _**TFEU**_ are fully

aligned, and to establish appropriate transitional provisions with respect to the outcome of

cases that are pending on the date when this Regulation enters into force,

HAVE ADOPTED THIS REGULATION:

7124/19 AS/ev 7

# ANNEX GIP.2 EN

Article 1

Protocol No 3 ▌ _**is**_ amended as follows:

(1) Article 51 _**is**_ replaced by the following ▌:

‘ _Article 51_

By way of derogation from the rule laid down in Article 256(1) of the Treaty on the

Functioning of the European Union, jurisdiction shall be reserved to the Court of Justice:

(a) in actions referred to in Articles 263 and 265 of the Treaty on the Functioning of the

European Union which are brought by a Member State against:

(i) a legislative act, an act of the European Parliament, _**of**_ the European Council or

_**of**_ the Council, or against a failure to act by one or more of those institutions,

except for:

               - decisions taken by the Council under the third subparagraph of Article

108(2) of the Treaty on the Functioning of the European Union;

               - acts of the Council adopted pursuant to a Council regulation concerning

measures to protect trade within the meaning of Article 207 of the Treaty

on the Functioning of the European Union;

               - acts of the Council by which the Council exercises implementing powers

in accordance with Article 291(2) of the Treaty on the Functioning of the

European Union _**;**_

7124/19 AS/ev 8

# ANNEX GIP.2 EN

(ii) an act of, or _**a**_ failure to act by, the Commission under Article 331(1) of the

Treaty on the Functioning of the European Union;

(b) in actions referred to in Articles 263 and 265 of the Treaty on the Functioning of the

European Union which are brought by an institution of the Union against a

legislative act, an act of the European Parliament, _**of**_ the European Council, _**of**_ the

Council, _**of**_ the Commission or _**of**_ the European Central Bank, or against a failure to

act by one or more of those institutions;

(c) in actions referred to in Article 263 of the Treaty on the Functioning of the European

Union which are brought by a Member State against an act of the Commission

relating to a failure to comply with a judgment delivered by the Court under the

second subparagraph of Article 260(2), or the second subparagraph of Article 260(3),

of the Treaty on the Functioning of the European Union.’ _**;**_

7124/19 AS/ev 9

# ANNEX GIP.2 EN

(2) the following _**Article is**_ inserted:

‘ _Article 58a_

An appeal brought against a decision of the General Court concerning a decision of _**an**_

_**independent**_ board of appeal of _**one of the following offices and agencies**_ _**of the Union**_

_**shall not proceed unless the Court of Justice first decides that it should be allowed to do**_

_**so:**_

_**(a)**_ the European Union Intellectual Property Office _**;**_

_**(b)**_ the Community Plant Variety Office _**;**_

_**(c)**_ the European Chemicals Agency ▌ _**;**_

_**(d)**_ _**the European Union Aviation Safety Agency.**_

_**The procedure referred to in the first paragraph shall also apply to appeals brought**_

_**against decisions of the General Court concerning a decision of an independent board of**_

_**appeal, set up after … [date of entry into force of this amending Regulation] within any**_

_**other**_ _**office or agency of the Union, which has to be seised before an action can be**_

_**brought before the General Court.**_

An appeal shall be allowed to proceed, _**wholly or in part,**_ in accordance with the detailed

rules set out in the Rules of Procedure, where it raises ▌ an issue that is significant with

respect to the unity, consistency or development of Union law.

The decision as to whether the appeal should be allowed to proceed _**or not**_ shall be

reasoned _**,**_ and _**it shall be**_ published.’

7124/19 AS/ev 10

# ANNEX GIP.2 EN

Article 2

Cases which fall within the jurisdiction of the Court of Justice under _**Protocol No 3 as amended by**_

this Regulation, of which the General Court is seised on … _**[**_ date _**of entry**_ into force _**of this**_

_**amending Regulation]**_ but in respect of which the written part of the procedure has yet to be closed

_**on**_ that date, shall be assigned to the Court of Justice.

Article 3

The procedure referred to in Article 58a of _**Protocol No 3**_ shall not be applicable to appeals of

which the Court of Justice is seised on … _**[**_ date _**of entry into force of**_ this _**amending**_ Regulation ~~▌~~ ~~_**]**_~~ .

Article 4

This Regulation shall enter into force on the first day of the month following that of its publication

in the _Official_ _Journal of the European Union._

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ▌… _**,**_

_For the European Parliament_ _For the Council_

_The President_ _The President_

7124/19 AS/ev 11

# ANNEX GIP.2 EN