2004/752/EC, Euratom: Council Decision of 2 November 2004 establishing the European Union Civil Service Tribunal

9.11.2004 EN Official Journal of the European Union L 333/7
COUNCIL DECISION
of 2 November 2004
establishing the European Union Civil Service Tribunal
(2004/752/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Articles 225a and 245 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 140b and 160 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Court of Justice,
Whereas:
(1) Article 225a of the EC Treaty and Article 140b of the Euratom Treaty empower the Council to create judicial panels to hear and determine at first instance certain classes of action or proceeding brought in specific areas, to lay down the rules on the organisation of the panel and the extent of the jurisdiction conferred upon it.
(2) The establishment of a specific judicial panel to exercise jurisdiction at first instance in European civil service disputes, currently within the jurisdiction of the Court of First Instance of the European Communities, would improve the operation of the Community courts system. It answers the call made in Declaration No 16 relating to Article 225a of the EC Treaty (1), adopted when the Treaty of Nice was signed on 26 February 2001.
(3) A judicial panel should accordingly be attached to the Court of First Instance, that shall for institutional and organisational purposes be an integral part of the Court of Justice institution, an institution with members enjoying a similar status to members of the Court of First Instance.
(4) The new judicial panel should be given a name that distinguishes it in its trial formations from the trial formations of the Court of First Instance.
(5) To make the court system generally easy to understand, the provisions relating to the judicial panel's jurisdiction, composition, organisation and procedure should be laid down in an Annex to the Statute of the Court of Justice.
(6) The number of judges of the judicial panel should match its caseload. To facilitate decision-making by the Council in the appointment of judges, provision should be made for the Council to establish an independent Advisory Committee to verify that applications received meet the relevant conditions.
(7) The judicial panel should try cases by a procedure matching the specific features of the disputes that are to be referred to it, examining the possibilities for amicable settlement of disputes at all stages of the procedure.
(8) In accordance with the third paragraph of Article 225a of the EC Treaty and the third paragraph of Article 140b of the Euratom Treaty, appeals may be lodged at the Court of First Instance against decisions of the judicial panel on points of law only in the same conditions as those governing appeals lodged at the Court of Justice against decisions of the Court of First Instance. The relevant provisions of the Statute of the Court of Justice are reproduced in the Annex to the Statute relating to the judicial panel, to avoid cross-references that would make the general set of provisions difficult to read.
(9) Provision should be made in this Decision for transitional arrangements so that the judicial panel can exercise its functions as soon as it is established,