EN
L 73/64
Official Journal of the European Union
10.3.2023
(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.