CELEX: 11951K/PRO/CJ/47
Language: en
Date: 1988-10-24 00:00:00
Title: Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV - The Court of First instance of the European Communities - Procedure before the Court of First Instance - Article 47

Avis juridique important

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11951K/PRO/CJ/47

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV - The Court of First instance of the European Communities - Procedure before the Court of First Instance - Article 47  

Official Journal L 319 , 25/11/1988 P. 0001

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Procedure before the Court of First Instance - Article 47* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1). Where an application or other procedural document addressed to the Court of First Instance is lodged by mistake with the Registrar of the Court of Justice it shall be transmitted immediately by that Registrar to the Registrar of the Court of First Instance; likewise, where an application or other procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the Court of First Instance, it shall be transmitted immediately by that Registrar to the Registrar of the Court of Justice.Where the Court of First Instance finds that it does not have jurisdiction to hear and determine an action in respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice; likewise, where the Court of Justice finds that an action falls within the jurisdiction of the Court of First Instance, it shall refer that action to the Court of First Instance, whereupon that Court may not decline jurisdiction.Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after hearing the parties, stay the proceedings before it until such time as the Court of Justice shall have delivered judgment. Where applications are made for the same act to be declared void, the Court of First Instance may also decline jurisdiction in order that the Court of Justice may rule on such applications. In the cases referred to in this subparagraph, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the Court of First Instance shall continue.