31982Y0215(01)

Codified versions of the Rules of Procedure, the Supplementary Rules and the Instructions to the Registrar

This edition consolidates: - The Rules of Procedure of the Court of Justice of the European Communities of 4 December 1974 (OJ No L 350, 28.12.1974, p. 1),

- The Supplementary Rules of the Court of Justice of the European Communities of 4 December 1974 (OJ No L 350, 28.12.1974, p. 29),

- The Instructions to the Registrar of 4 December 1974 (OJ No L 350, 28.12.1974, p. 33) and

- The amendments resulting from the following measures: 1. Amendments to the Rules of Procedure of the Court of Justice of the European Communities of 12 September 1979 (OJ No L 238, 21.9.1979, p. 1),

2. Amendment to the Rules of Procedure of the Court of Justice of the European Communities of 27 May 1981 (OJ No L 199, 20.7.1981, p. 1),

3. Decision of the Court of Justice of 11 March 1981 amending Annexes I and II to the Rules of Procedure (OJ No L 199, 20.7.1981, p. 3),

4. Amendment to the Supplementary Rules of the Court of Justice of the European Communities of 16 September 1981 (OJ No L 282, 5.10.1981, p. 1).

This edition has no legal force and the preambles have therefore been omitted.

The numbers in brackets beside certain provisions correspond to the numbering of the measures listed above, to which they refer.

RULES OF PROCEDURE

CONTENTS

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Title 1 - Organization of the Court

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Title 2 - Procedure

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Title 3 - Special forms of procedure

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INTERPRETATION

Article 1

In these rules:

"ECSC Treaty" means the Treaty establishing the European Coal and Steel Community;

"ECSC Statute" means the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community;

"EEC Treaty" means the Treaty establishing the European Economic Community;

"EEC Statute" means the Protocol on the Statute of the Court of Justice of the European Economic Community;

"Euratom Treaty" means the Treaty establishing the European Atomic Energy Community (Euratom);

"Euratom Statute" means the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community;

For the purposes of these rules, "institutions" means the institutions of the European Communities and the European Investment Bank.

TITLE 1 ORGANIZATION OF THE COURT

Chapter 1 JUDGES AND ADVOCATES-GENERAL

Article 2

The term of office of a Judge shall begin on the date laid down in the instrument of his appointment. In the absence of any provision regarding the date, the term shall begin on the date of the instrument.

Article 3

§ 1

Before taking up his duties, a Judge shall at the first public sitting of the Court which he attends after his appointment take the following oath:

"I swear that I will perform my duties impartially and conscientiously ; I swear that I will preserve the secrecy of the deliberations of the Court".

§ 2

Immediately after taking the oath, a Judge shall sign a solemn declaration by which he undertakes that, both during and after his term of office, he will respect the obligations arising therefrom, and in particular the duty to behave with integrity and discretion as regards the acceptance, after he has ceased to hold office, of certain appointments and benefits.

Article 4

When the Court is called upon to decide whether a Judge no longer fulfils the requisite conditions or no longer meets the obligations arising from his office, the President shall invite the Judge concerned to appear in the Deliberation Room and make his observations ; the Registrar shall be absent from the hearing.

Article 5

Articles 2, 3 and 4 of these rules shall apply in a corresponding manner to Advocates-General.

Article 6

Judges and Advocates-General shall rank equally in precedence according to their seniority in office.

Where there is equal seniority in office precedence shall be determined by age.

Retiring Judges and Advocates-General who are reappointed shall retain their former precedence.

Chapter 2 PRESIDENCY OF THE COURT AND CONSTITUTION OF THE CHAMBERS

Article 7

§ 1

The Judges shall, immediately after the partial replacement provided for in Article 32b of the ECSC Treaty, Article 167 of the EEC Treaty and Article 139 of the Euratom Treaty, elect one of their number as President of the Court for a term of three years.

§ 2

If the office of the President of the Court falls vacant before the normal date of expiry thereof, the Court shall appoint a successor for the remainder of the term.

§ 3

The elections provided for in this Article shall be by secret ballot, the Judge obtaining an absolute majority being elected. If no Judge obtains an absolute majority, a second ballot shall be held and the Judge obtaining the most votes shall be elected. Where two or more Judges obtain an equal number of votes the oldest of them shall be deemed elected.

Article 8

The President shall direct the judicial business and the administration of the Court ; he shall preside at hearings and at deliberations in the Deliberation Room.

Article 9 (1)

§ 1

The Court shall set up Chambers in accordance with the provisions of the second paragraph of Article 32 of the ECSC Treaty, the second paragraph of Article 165 of the EEC Treaty and the second paragraph of Article 137 of the Euratom Treaty and shall decide which judges shall be attached to them.

The composition of the Chambers shall be published in the Official Journal of the European Communities.

§ 2

As soon as an application originating proceedings has been lodged, the President shall assign the case to one of the Chambers for any preparatory inquiries and shall designate a Judge from that Chamber to act as Rapporteur.

§ 3

The Court shall lay down general principles governing the assignment of cases to Chambers.

§ 4

These rules shall apply in a corresponding manner to proceedings before the Chambers.

In cases assigned to or devolving upon a Chamber the powers of the President of the Court shall be exercised by the President of the Chamber.

Article 10 (1)

§ 1

The Court shall appoint for a period of one year the Presidents of the Chambers and the First Advocate-General.

The provisions of Article 7 (2) and (3) shall apply in a corresponding manner.

Appointments made in pursuance of this paragraph shall be published in the Official Journal of the European Communities.

§ 2

The First Advocate-General shall assign each case to an Advocate-General as soon as the Judge-Rapporteur has been designated by the President. He shall take the necessary steps if an Advocate-General is absent or prevented from attending.

Article 11

When the President of the Court is absent or prevented from attending or when the office of President is vacant, the functions of President shall be exercised by a President of a Chamber according to the order of precedence laid down in Article 6 of these rules.

If the President of the Court and the President of the Chambers are all prevented from attending at the same time, or their posts are vacant at the same time, the functions of President shall be exercised by one of the other Judges according to the order of precedence laid down in Article 6 of these rules.

Chapter 3 REGISTRY

Section 1 - the Registrar and Assistant Registrars

Article 12

§ 1

The Court shall appoint the Registrar. Two weeks before the date fixed for making the appointment, the President shall inform the Members of the Court of the applications which have been made for the post.

§ 2

An application shall be accompanied by full details of the candidate's age, nationality, university degrees, knowledge of languages, present and past occupations and experience, if any, in judicial and international fields.

§ 3

The appointment shall be made following the procedure laid down in Article 7 (3) of these rules.

§ 4

The Registrar shall be appointed for a term of six years. He may be reappointed.

§ 5

The Registrar shall take the oath in accordance with Article 3 of these rules.

§ 6

The Registrar may be deprived of his office only if he no longer fulfils the requisite conditions or no longer meets the obligations arising from his office ; the Court shall reach its decision after having given the Registrar an opportunity of making his observations.

§ 7

If the office of Registrar falls vacant before the normal date of expiry of the term thereof, the Court shall appoint a new Registrar for a term of six years.

Article 13

The Court may, following the procedure laid down in respect of the Registrar, appoint one or more Assistant Registrars to assist the Registrar and to take his place so far as the Instructions to the Registrar referred to in Article 15 of these rules allow.

Article 14

Where the Registrar and the Assistant Registrars are absent or prevented from attending or their posts are vacant at the same time, the President shall designate an official to carry out temporarily the duties of Registrar.

Article 15

Instructions to the Registrar shall be adopted by the Court acting on a proposal from the President.

Article 16 (1)

§ 1

There shall be kept in the Registry, under the control of the Registrar, a register initialed by the President, in which all pleadings and supporting documents shall be consecutively entered in the order in which they are lodged.

§ 2

When a document has been registered, the Registrar shall make a note to that effect on the original and, if a party so requests, on any copy submitted for the purpose.

§ 3

Entries in the register and the notes provided for in the preceding paragraph shall constitute official records.

§ 4

Rules for keeping the register shall be prescribed by the Instructions to the Registrar referred to in Article 15 of these rules.

§ 5

Interested persons may consult the register at the Registry and may obtain copies or extracts on payment of a charge on a scale to be fixed by the Court acting on a proposal from the Registrar.

The parties to a case may on payment of the appropriate charge also obtain copies of pleadings and authenticated copies of judgments and orders.

§ 6

Notice shall be given in the Official Journal of the European Communities of the date of registration of an application originating proceedings, the names and permanent residences of the parties, the subject-matter of the dispute, the claims made in the application and a summary of the contentions and of the main arguments adduced in support.

§ 7

Where the Council or the Commission is not a party to a case, the Court shall forward to it copies of the application and of the defence, without the annexes thereto, to enable it to assess whether the inapplicability of one of its acts is being invoked under the third paragraph of Article 36 of the ECSC Treaty, Article 184 of the EEC Treaty or Article 156 of the Euratom Treaty.

Article 17

§ 1

The Registrar shalls be responsible, under the authority of the President, for the acceptance, transmission and custody of documents and for effecting such service as is provided for by these rules.

§ 2

The Registrar shall assist the Court, the Chambers, the President and the Judges in all their official functions.

Article 18

The Registrar shall have custody of the seals. He shall be responsible for the records and be in charge of the publications of the Court.

Article 19

Subject to Articles 4 and 27 of these rules, the Registrar shall attend the sittings of the Court and of the Chambers.

Section 2 - Other departments

Article 20

§ 1

The officials and other servants of the Court shall be appointed in accordance with the provisions of the Staff Regulations.

§ 2

Before taking up his duties, an official shall take the following oath before the President, in the presence of the Registrar:

"I swear that I will perform loyally, discreetly and conscientiously the duties assigned to me by the Court of Justice of the European Communities".

Article 21

The organization of the departments of the Court shall be laid down, and may be modified, by the Court on a proposal from the Registrar.

Article 22

The Court shall set up a translating service staffed by experts with adequate legal training and a thorough knowledge of several official languages of the Court.

Article 23

The Registrar shall be responsible, under the authority of the President, for the administration of the Court, its financial management and its accounts ; he shall be assisted in this by an administrator.

Chapter 4 ASSISTANT RAPPORTEURS

Article 24

§ 1

Where the Court is of the opinion that the consideration of and preparatory inquiries in cases before it so require, it shall, pursuant to Article 16 of the ECSC Statute and Articles 12 of the EEC and Euratom Statutes, propose the appointment of Assistant Rapporteurs.

§ 2

Assistant Rapporteurs shall in particular assist the President in connection with applications for the adoption of interim measures and assist the Judge Rapporteurs in their work.

§ 3

In the performance of their duties the Assistant Rapporteurs shall be responsible to the President of the Court, the President of a Chamber or a Judge Rapporteur, as the case may be.

§ 4

Before taking up his duties, an Assistant Rapporteur shall take before the Court the oath set out in Article 3 of these rules.

Chapter 5 THE WORKING OF THE COURT

Article 25

§ 1

The dates and times of the sittings of the Court shall be fixed by the President.

§ 2

The dates and times of the sittings of the Chambers shall be fixed by their respective Presidents.

§ 3

The Court and the Chambers may choose to hold one or more particular sittings in a place other than that where the Court has its seat.

Article 26 (1)

§ 1

Where, by reason of a Judge being absent or prevented from attending, there is an even number of Judges, the most junior Judge within the meaning of Article 6 of these rules shall abstain from taking part in the deliberations.

§ 2

If after the Court has been convened it is found that the quorum of seven Judges has not been attained, the President shall adjourn the sitting until there is a quorum.

§ 3

If in any Chamber the quorum of three Judges has not been attained, the President of that Chamber shall so inform the President of the Court who shall designate another Judge to complete the Chamber.

Article 27

§ 1

Deliberations of the Court and Chambers shall take place in the Deliberation Room.

§ 2

Only those Judges who were present at the oral proceedings and the Assistant Rapporteur, if any, entrusted with the consideration of the case may take part in the deliberations.

§ 3

Every Judge taking part in the deliberations shall give his view and the reasons for it.

§ 4

Any Judge may require that any question be formulated in the language of his choice and be communicated in writing to the Court or Chamber before being put to the vote.

§ 5

The opinion reached by the majority of the Judges after final discussion shall determine the decision of the Court. Votes shall be cast in reverse order to the order of precedence laid down in Article 6 of these rules.

§ 6

Differences of view on the substance, wording or order of questions, or on the interpretation of the voting shall be settled by decision of the Court or Chamber.

§ 7

Where the deliberations of the Court concern questions of its own administration, the Advocates-General shall take part and have a vote. The Registrar shall be present, unless the Court decides to the contrary.

§ 8

Where the Court sits without the Registrar being present it shall, if necessary, instruct the most junior Judge within the meaning of Article 6 of these rules to draw up minutes. The minutes shall be signed by this Judge and by the President.

Article 28

§ 1

Subject to any special decision of the Court, its vacations shall be as follows: - from 18 December to 10 January,

- from the Sunday before Easter to the second Sunday after Easter,

- from 15 July to 15 September.

During the vacations, the functions of President shall be exercised at the place where the Court has its seat either by the President himself, keeping in touch with the Registrar, or by a President of a Chamber or by such other Judge as he may invite to take his place.

§ 2

In a case of urgency, the President may convene the Judges and the Advocates-General during the vacations.

§ 3

The Court shall observe the official holidays of the place where it has its seat.

§ 4

The Court may, in proper circumstances, grant leave of absence to any Judge or Advocate-General.

Chapter 6 LANGUAGES

Article 29 (1) (2)

§ 1

The language of a case shall be Danish, Dutch, English, French, German, Greek, Irish or Italian.

§ 2

The language of a case shall be chosen by the applicant, except that: (a) where the application is made against a Member State or a natural or legal person having the nationality of a Member State, the language of the case shall be the official language of that State ; where that State has more than one official language, the applicant may choose between them;

(b) at the joint request of the parties the Court may authorize another of the languages mentioned in paragraph 1 of this Article to be used as the language of the case for all or part of the proceedings;

(c) at the request of one of the parties, and after the opposite party and the Advocate-General have been heard, the Court, may, by way of derogation from subparagraphs (a) and (b), authorize another of the languages mentioned in paragraph 1 of this Article to be used as the language of the case for all or part of the proceedings ; such a request may not be submitted by an institution of the European Communities.

Where Article 103 of these rules applies, the language of the case shall be the language of the national court or tribunal which refers the matter to the Court.

§ 3

The language of the case shall in particular be used not only in parties' written statements and oral addresses to the Court and in supporting documents but also in the minutes and decisions of the Court.

Supporting documents expressed in any other language must be accompanied by a translation into the language of the case.

In the case of long documents translations may be confined to extracts. However, the Court or Chamber may, of its own motion or at the request of a party, at any time call for a complete or fuller translation.

Notwithstanding the foregoing provisions, a Member State shall be entitled to use its official language when intervening in a case before the Court or when taking part in any reference of a kind mentioned in Article 103. This provision shall apply both to written statements and to oral addresses. The Registrar shall cause any such statement or address to be translated into the language of the case.

§ 4

Where a witness or expert states that he is unable adequately to express himself in one of the languages referred to in paragraph 1 of this Article, the Court or Chamber may authorize him to give his evidence in another language. The Registrar shall arrange for translation into the language of the case.

§ 5

The President of the Court and the Presidents of Chambers in conducting oral proceedings, the Judge Rapporteur both in his preliminary report and in his report at the hearing, Judges and Advocates-General in putting questions and Advocates-General in delivering their opinions may use a language referred to in paragraph 1 of this Article other than the language of the case. The Registrar shall arrange for translation into the language of the case.

Article 30

§ 1

The Registrar shall, at the request of any Judge, of the Advocate-General or of a party, arrange for anything said or written in the course of the proceedings before the Court or a Chamber to be translated into the languages he chooses from those referred to in Article 29 (1).

§ 2

Publications of the Court shall be issued in the languages referred to in Article 1 of Council Regulation No 1.

Article 31 (1)

Texts of documents drawn up in the language of the case or in any other language authorized pursuant to Article 29 of these rules shall be authentic.

Chapter 7 RIGHTS AND OBLIGATIONS OF AGENTS, ADVISERS AND LAWYERS

Article 32

§ 1

Agents representing a State or an institution, as well as advisers and lawyers, appearing before the Court or before any judicial authority to whom the Court has addressed letters rogatory, shall enjoy immunity in respect of words spoken or written by them concerning the case or the parties.

§ 2

Agents, advisers and lawyers shall enjoy the following further privileges and facilities: (a) papers and documents relating to the proceedings shall be exempt from both search and seizure ; in the event of a dispute the customs officials or police may seal those papers and documents ; they shall then be immediately forwarded to the Court for inspection in the presence of the Registrar and of the person concerned;

(b) agents, advisers and lawyers shall be entitled to such allocation of foreign currency as may be necessary for the performance of their duties;

(c) agents, advisers and lawyers shall be entitled to travel in the course of duty without hindrance.

Article 33

In order to qualify for the privileges, immunities and facilities specified in Article 32, persons entitled to them shall furnish proof of their status as follows: (a) agents shall produce an official document issued by the State or institution which they represent ; a copy of this document shall be forwarded without delay to the Registrar by the State or institution concerned;

(b) advisers and lawyers shall produce a certificate signed by the Registrar. The validity of this certificate shall be limited to a specified period, which may be extended or curtailed according to the length of the proceedings.

Article 34

The privileges, immunities and facilities specified in Article 32 of these rules are granted exclusively in the interests of the proper conduct of proceedings.

The Court may waive the immunity where it considers that the proper conduct of proceedings will not be hindered thereby.

Article 35

§ 1

Any adviser or lawyer whose conducts towards the Court, a Chamber, a Judge, an Advocate-General or the Registrar is incompatible with the dignity of the Court, or who uses his rights for purposes other than those for which they were granted, may at any time be excluded from the proceedings by an order of the Court or Chamber, after the Advocate-General has been heard ; the person concerned shall be given an opportunity to defend himself.

The order shall have immediate effect.

§ 2

Where an adviser or lawyer is excluded from the proceedings, the proceedings shall be suspended for a period fixed by the President in order to allow the party concerned to appoint another adviser or lawyer.

§ 3

Decisions taken under this Article may be rescinded.

Article 36

The provisions of this Chapter shall apply to university teachers who have a right of audience before the Court in accordance with Article 20 of the ECSC Statute and Articles 17 of the EEC and Euratom Statutes.

TITLE 2 PROCEDURE

Chapter 1 WRITTEN PROCEDURE

Article 37 (1)

§ 1

The original of every pleading must be signed by the party's agent or lawyer.

The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. Copies shall be certified by the party lodging them.

§ 2

Institutions shall in addition produce, within time limits laid down by the Court, translations of all pleadings into the other languages provided for by Article 1 of Council Regulation No 1. The second subparagraph of paragraph 1 of this Article shall apply in a corresponding manner.

§ 3

All pleadings shall bear a date. In the reckoning of time limits for taking steps in proceedings, the only relevant date shall be that of lodgment at the Registry.

§ 4

To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them.

§ 5

Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry.

Article 38

§ 1

An application of the kind referred to in Article 22 of the ECSC Statute and Articles 19 of the EEC and Euratom Statutes shall state: (a) the name and permanent residence of the applicant;

(b) the name of the party against whom the application is made;

(c) the subject matter of the dispute and the grounds on which the application is based;

(d) the form of order sought by the applicant;

(e) the nature of any evidence founded upon by him.

§ 2

For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat. It shall also give the name of a person who is authorized and has expressed willingness to accept service.

§ 3

The lawyer acting for a party must lodge at the Registry a certificate that he is entitled to practise before a Court of a Member State.

§ 4

The application shall be accompanied, where appropriate, by the documents specified in the second paragraph of Article 22 of the ECSC Statute and in the second paragraph of Articles 19 of the EEC and Euratom Statutes.

§ 5

An application made by a legal person governed by private law shall be accompanied by: (a) the instrument or instruments constituting and regulating that legal person;

(b) proof that the authority granted to the applicant's lawyer has been properly conferred on him by someone authorized for the purpose.

§ 6

An application submitted under Articles 42 and 89 of the ECSC Treaty, Articles 181 and 182 of the EEC Treaty and Articles 153 and 154 of the Euratom Treaty shall be accompanied by a copy of the arbitration clause contained in the contract governed by private or public law entered into by the Communities or on their behalf, or, as the case may be, by a copy of the special agreement concluded between the Member States concerned.

§ 7

If an application does not comply with the requirements set out in paragraphs 2 to 6 of this Article, the Registrar shall prescribe a reasonable period within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the abovementioned documents. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the Advocate-General, decide whether to reject the application on the ground of want of form.

Article 39

The application shall be served on the defendant. In a case where Article 38 (7) applies, service shall be effected as soon as the application has been put in order or the Court has declared it admissible notwithstanding the failure to observe the formal requirements set out in that Article.

Article 40

§ 1

Within one month after service on him of the application, the defendant shall lodge a defence, stating: (a) the name and permanent residence of the defendant;

(b) the points of fact and law relied on;

(c) the form of order sought;

(d) the nature of any evidence founded upon by him.

The provisions of Article 38 (2) to (5) of these rules shall apply in a corresponding manner to the defence.

§ 2

The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Article 41

§ 1

The application originating the proceedings and the defence may be supplemented by a reply from the applicant and by a rejoinder from the defendant.

§ 2

The President shall fix the time limits within which these pleadings are to be lodged.

Article 42

§ 1

In reply or rejoinder a party may indicate further evidence. The party must, however, give reasons for the delay in indicating it.

§ 2

No fresh issue may be raised in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the written procedure.

If in the course of the written procedure one of the parties raises a fresh issue which is so based, the President may, even after the expiry of the normal procedural time limits, acting on a report of the Judge Rapporteur and after hearing the Advocate-General, allow the other party time to answer on that issue.

The decision on the admissibility of the issue shall be reserved for the final judgment.

Article 43

The Court may, at any time, after hearing the parties and the Advocate-General, order that for the purpose of the written or oral procedure or of its final judgment, a number of related cases concerning the same subject matter shall be dealt with jointly. The decision to join the cases may subsequently be rescinded.

Article 44 (1)

§ 1

After the rejoinder provided for in Article 41 (1) of these rules has been lodged, the President shall fix a date on which the Judge-Rapporteur is to present his preliminary report to the Court. The report shall contain recommendations as to whether a preparatory inquiry or any other preparatory step should be undertaken and whether the case should be referred to the Chamber to which it has been assigned under Article 9 (2).

The Court shall decide, after hearing the Advocate-General, what action to take upon the recommendations of the Judge-Rapporteur.

The same procedure shall apply: (a) where no reply or no rejoinder has been lodged within the time limit fixed in accordance with Article 41 (2) of these rules;

(b) where the party concerned waives his right to lodge a reply or rejoinder.

§ 2

Where the Court orders a preparatory inquiry and does not undertake it itself, it shall assign the inquiry to the Chamber.

Where the Court decides to open the oral procedure without an inquiry, the President shall fix the opening date.

Chapter 2 PREPARATORY INQUIRIES

Section 1 - Measures of inquiry

Article 45

§ 1

The Court, after hearing the Advocate-General, shall prescribe the measures of inquiry that it considers appropriate by means of an order setting out the issues of fact to be determined. The order shall be served on the parties.

§ 2

Without prejudice to Articles 24 and 25 of the ECSC Statute, Articles 21 and 22 of the EEC Statute or Articles 22 and 23 of the Euratom Statute, the following measures of inquiry may be adopted: (a) the personal appearance of the parties;

(b) a request for information and production of documents;

(c) oral testimony;

(d) experts' reports;

(e) an inspection of the place or thing in question.

§ 3

The measures of inquiry which the Court has ordered may be conducted by the Court itself, or be assigned to the Judge Rapporteur.

The Advocate-General shall take part in the measures of inquiry.

§ 4

Evidence may be submitted in rebuttal and previous evidence may be amplified.

Article 46

§ 1

A Chamber to which a preparatory inquiry has been assigned may exercise the powers vested in the Court by Articles 45 and 47 to 53 of these rules ; the powers vested in the President of the Court may be exercised by the President of the Chamber.

§ 2

Articles 56 and 57 of these rules shall apply in a corresponding manner to proceedings before the Chamber.

§ 3

The parties shall be entitled to attend the measures of enquiry.

Section 2 - The summoning and examination of witnesses and experts

Article 47 (1)

§ 1

The Court may, either of its own motion or on application by a party, and after hearing the Advocate-General, order that certain facts be proved by witnesses. The order of the Court shall set out the facts to be proved.

The Court may summon a witness of its own motion or on application by a party or at the instance of the Advocate-General.

An application by a party for the examination of a witness shall state about what facts and for what reasons the witness should be examined.

§ 2

The witness shall be summoned by an order of the Court containing the following information: (a) the surname, forenames, description and address of the witness;

(b) an indication of the facts about which the witness is to be examined;

(c) where appropriate, particulars of the arrangements made by the Court for reimbursement of expenses incurred by the witness, and of the penalties which may be imposed on defaulting witnesses.

The order shall be served on the parties and the witness.

§ 3

The Court may make the summoning of a witness for whose examination a party has applied conditional upon the deposit with the cashier of the Court of a sum sufficient to cover the taxed costs thereof ; the Court shall fix the amount of the payment.

The cashier shall advance the funds necessary in connection with the examination of any witness summoned by the Court of its own motion.

§ 4

After the identity of each witness has been established, the President shall inform him that he will be required to vouch the truth of his evidence in the manner laid down in these rules.

The witness shall give his evidence to the Court, the parties having been given notice to attend. After the witness has given his main evidence the President may, at the request of a party or of his own motion, put questions to him.

The other Judges and the Advocate-General may do likewise.

Subject to the control of the President, questions may be put to witnesses by the representatives of the parties.

§ 5

After giving his evidence, the witness shall take the following oath:

"I swear that I have spoken the truth, the whole truth and nothing but the truth."

The Court may, after hearing the parties, exempt a witness from taking the oath.

§ 6

The Registrar shall draw up minutes in which the evidence of each witness is reproduced. The minutes shall be signed by the witness and by the Registrar. They shall constitute an official record.

Article 48

§ 1

Witnesses who have been duly summoned shall obey the summons and attend for examination.

§ 2

If a witness who has been duly summoned fails to appear before the Court, the Court may impose upon him a pecuniary penalty not exceeding 250 EMA units of account and may order that a further summons be served on the witness at his own expense.

The same penalty may be imposed upon a witness who, without good reason, refuses to give evidence or to take the oath or where appropriate to make a solemn affirmation in lieu thereof.

§ 3

If a witness upon whom a penalty has been imposed proffers a valid excuse to the Court, the penalty may be cancelled.

§ 4

Penalties imposed and other measures ordered under this Article shall be enforced in accordance with Articles 44 and 92 of the ECSC Treaty, Articles 187 and 192 of the EEC Treaty and Articles 159 and 164 of the Euratom Treaty.

Article 49

§ 1

The Court may order that an expert's report be obtained. The order appointing the expert shall define his task and set a time limit within which he is to make his report.

§ 2

The expert shall receive a copy of the order, together with all the documents necessary for carrying out his task. He shall be under the supervision of the Judge-Rapporteur, who may be present during his investigation and who shall be kept informed of his progress in carrying out his task.

§ 3

At the request of the expert, the Court may order the examination of witnesses. Their examination shall be carried out in accordance with Article 47 of these rules.

§ 4

The expert may give his opinion only on points which have been expressly referred to him.

§ 5

After the expert has made his report, the Court may order that he be examined, the parties having been given notice to attend.

Subject to the control of the President, questions may be put to the expert by the representatives of the parties.

§ 6

After making his report, the expert shall take the following oath before the Court:

"I swear that I have conscientiously and impartially carried out my task."

The Court may, after hearing the parties, exempt the expert from taking the oath.

Article 50

§ 1

If one of the parties objects to a witness or to an expert on the ground that he is not a competent or proper person to act as witness or expert or for any other reason, or if a witness or expert refuses to give evidence, to take the oath or to make a solemn affirmation in lieu thereof, the matter shall be decided upon by the Court.

§ 2

An objection to a witness or to an expert shall be raised within two weeks after service of the order summoning the witness or appointing the expert ; the statement of objection must set out the grounds of objection and indicate any evidence founded upon.

Article 51

§ 1

Witnesses and experts shall be entitled to reimbursement of their travel and subsistence expenses. The cashier of the Court may make a payment to them towards these expenses in advance.

§ 2

Witnesses shall be entitled to compensation for loss of earnings, and experts to fees for their services.

The cashier of the Court shall pay witnesses and experts their compensation or fees after they have carried out their respective duties or tasks.

Article 52

The Court may, on application by a party or of its own motion, issue letters rogatory for the examination of witnesses or experts, as provided for in the supplementary rules mentioned in Article 111 of these rules.

Article 53

§ 1

The Registrar shall draw up minutes of every hearing. The minutes shall be signed by the President and by the Registrar and shall constitute an official record.

§ 2

The parties may inspect the minutes and any expert's report at the Registry and obtain copies at their own expense.

Section 3 - Closure of the preparatory inquiry

Article 54

Unless the Court prescribes a period within which the parties may lodge written observations, the President shall fix the date for the opening of the oral procedure after the preparatory inquiry has been completed.

Where a period had been prescribed for the lodging of written observations, the President shall fix the date for the opening of the oral procedure after that period has expired.

Chapter 3 ORAL PROCEDURE

Article 55

§ 1

Subject to the priority of decisions provided for in Article 85 of these rules, the Court shall deal with the cases before it in the order in which the preparatory inquiries in them have been completed. Where the preparatory inquiries in several cases are completed simultaneously, the order in which they are to be dealt with shall be determined by the dates of entry in the register of the applications originating them respectively.

The President may in special circumstances order that a case be given priority over others.

§ 2

On a joint application by the parties the President may order that a case in which the preparatory inquiry has been completed be deferred. In the absence of agreement between the parties the President shall refer the matter to the Court for a decision.

Article 56

§ 1

The proceedings shall be opened and directed by the President, who shall be responsible for the proper conduct of the hearing.

§ 2

The oral proceedings in cases which are heard in camera shall not be published.

Article 57

The President may in the course of the hearing put questions to the agents, advisers or lawyers of the parties.

The other Judges and the Advocate-General may do likewise.

Article 58

A party may address the Court only through his agent, adviser or lawyer.

Article 59

§ 1

The Advocate-General shall deliver his opinion orally at the end of the oral procedure.

§ 2

After the Advocate-General has delivered his opinion, the President shall declare the oral procedure closed.

Article 60

The Court may at any time, after hearing the Advocate-General, order any measure of inquiry to be taken or that a previous inquiry be repeated or expanded. The Court may direct the Chamber or the Judge Rapporteur to carry out the measures so ordered.

Article 61

The Court may after hearing the Advocate-General order the reopening of the oral procedure.

Article 62

§ 1

The Registrar shall draw up minutes of every hearing. The minutes shall be signed by the President and by the Registrar and shall constitute an official record.

§ 2

The parties may inspect the minutes at the Registry and obtain copies at their own expense.

Chapter 4 JUDGMENTS

Article 63

The judgment shall contain: - a statement that it is the judgment of the Court,

- the date of its delivery,

- the names of the President and of the Judges taking part in it,

- the name of the Advocate-General,

- the name of the Registrar,

- the description of the parties,

- the names of the agents, advisers and lawyers of the parties,

- the submissions of the parties,

- a statement that the Advocate-General has been heard,

- a summary of the facts,

- the grounds for the decision,

- the operative part of the judgment, including the decision as to costs.

Article 64

§ 1

The judgment shall be delivered in open court ; the parties shall be given notice to attend to hear it.

§ 2

The original of the judgment, signed by the President, by the Judges who took part in the deliberations and by the Registrar, shall be sealed and deposited at the Registry ; the parties shall be served with certified copies of the judgment.

§ 3

The Registrar shall record on the original of the judgment the date on which it was delivered.

Article 65

The judgment shall be binding from the date of its delivery.

Article 66

§ 1

Without prejudice to the provisions relating to the interpretation of judgments the Court may, of its own motion or on application by a party made within two weeks after the delivery of a judgment, rectify clerical mistakes, errors in calculation and obvious slips in it.

§ 2

The parties, whom the Registrar shall duly notify, may lodge written observations within a period prescribed by the President.

§ 3

The Court shall make its decision in the Deliberation Room after hearing the Advocate-General.

§ 4

The original of the rectification order shall be annexed to the original of the rectified judgment. A note of this order shall be made in the margin of the original of the rectified judgment.

Article 67

If the Court should omit to give a decision on a particular point at issue or on costs, any party may within a month after service of the judgment apply to the Court to supplement its judgment.

The application shall be served on the opposite party and the President shall prescribe a period within which that party may lodge written observations.

After these observations have been lodged, the Court shall, after hearing the Advocate-General, decide both on the admissibility and on the merits of the application.

Article 68

The Registrar shall arrange for the publication of reports of cases before the Court.

Chapter 5 COSTS

Article 69

§ 1

The Court shall give a decision as to costs in its final judgment or in the order which closes the proceedings.

§ 2

The unsuccessful party shall be ordered to pay the costs if they have been asked for in the successful party's pleading.

Where there are several unsuccessful parties the Court shall decide how the costs are to be shared.

§ 3

Where each party succeeds on some and fails on other heads, or where the circumstances are exceptional, the Court may order that the parties bear their own costs in whole or in part.

The Court may order even a successful party to pay costs which the Court considers that party to have unreasonably or vexatiously caused the opposite party to incur.

§ 4

A party who discontinues or withdraws from proceedings shall be ordered to pay the costs, unless the discontinuance or withdrawal is justified by the conduct of the opposite party.

If the opposite party has not asked for costs, the parties shall bear their own costs.

§ 5

Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Article 70 (1)

Without prejudice to the second subparagraph of Article 69 (3) of these rules, in proceedings under Article 95 (3) of these rules, institutions shall bear their own costs.

Article 71

Costs necessarily incurred by a party in enforcing a judgment or order of the Court shall be refunded by the opposite party on the scale in force in the State where the enforcement takes place.

Article 72

Proceedings before the Court shall be free of charge, except that: (a) where a party has caused the Court to incur avoidable costs the Court may, after hearing the Advocate-General, order that party to refund them;

(b) where copying or translation work is carried out at the request of a party, the cost shall, in so far as the Registrar considers it excessive, be paid for by that party on the scale of charges referred to in Article 16 (5) of these rules.

Article 73

Without prejudice to the preceding Article, the following shall be regarded as recoverable costs: (a) sums payable to witnesses and experts under Article 51 of these rules;

(b) expenses necessarily incurred by the parties for the purpose of the proceedings, in particular the travel and subsistence expenses and the remuneration of agents, advisers or lawyers.

Article 74

§ 1

If there is a dispute concerning the costs to be recovered, the Chamber to which the case has been assigned shall, on application by the party concerned and after hearing the opposite party and the Advocate-General, make an order, from which no appeal shall lie.

§ 2

The parties may, for the purposes of enforcement, apply for an authenticated copy of the order.

Article 75

§ 1

Sums due from the cashier of the Court shall be paid in the currency of the country where the Court has its seat.

At the request of the person entitled to any sum, it shall be paid in the currency of the country where the expenses to be refunded were incurred or where the steps in respect of which payment is due were taken.

§ 2

Other debtors shall make payment in the currency of their country of origin.

§ 3

Conversions of currency shall be made at the official rates of exchange ruling on the day of payment in the country where the Court has its seat.

Chapter 6 LEGAL AID

Article 76

§ 1

A party who is wholly or in part unable to meet the costs of the proceedings may at any time apply for legal aid.

The application shall be accompanied by evidence of the applicant's need of assistance, and in particular by a document from the competent authority certifying his lack of means.

§ 2

If the application is made prior to proceedings which the applicant wishes to commence, it shall briefly state the subject of such proceedings.

The application need not be made through a lawyer.

§ 3

The President shall designate a Judge to act as Rapporteur. The Chamber to which the latter belongs shall, after considering the written observations of the opposite party and after hearing the Advocate-General, decide whether legal aid should be granted in full or in part, or whether it should be refused. Where there is manifestly no cause of action, legal aid shall be refused.

The Chamber shall make an order without giving reasons, and no appeal shall lie therefrom.

§ 4

The Chamber may at any time, either of its own motion or on application, withdraw legal aid if the circumstances which led to its being granted alter during the proceedings.

§ 5

Where legal aid is granted, the cashier of the Court shall advance the funds necessary to meet the expenses.

In its decision as to costs the Court may order the payment to the cashier of the Court of the whole or any part of amounts advanced as legal aid.

The Registrar shall take steps to obtain the recovery of these sums from the party ordered to pay them.

Chapter 7 DISCONTINUANCE

Article 77

If, before the Court has given its decision, the parties reach a settlement of their dispute and intimate to the Court the abandonment of their claims, the Court shall order the case to be removed from the register.

This provision shall not apply to proceedings under Articles 33 and 35 of the ECSC Treaty, Articles 173 and 175 of the EEC Treaty or Articles 146 and 148 of the Euratom Treaty.

Article 78

If the applicant informs the Court in writing that he wishes to discontinue the proceedings, the Court shall order the case to be removed- from the register.

Chapter 8 SERVICE

Article 79

§ 1

Where these rules require that a document be served on a person, the Registrar shall ensure that service is effected at that person's address for service either by the dispatch of a copy of the document by registered post with a form for acknowledgment of receipt or by personal delivery of the copy against a receipt.

The Registrar shall prepare and certify the copies of documents to be served, save where the parties themselves supply the copies in accordance with Article 37 (1) of these rules.

§ 2

The official record of dispatch together with the acknowledgment or the receipt shall be annexed to the original of the document.

Chapter 9 TIME LIMITS

Article 80

§ 1

In the reckoning of any period of time prescribed by the ECSC, EEC or Euratom Treaties, the Statutes of the Court or these rules for the taking of any procedural step, the day of the event from which the period is to run shall be excluded.

Time shall continue to run during vacations.

§ 2

If the period would otherwise end on a Sunday or on an official holiday it shall be extended until the end of the first following working day.

A list of official holidays drawn up by the Court shall be published in the Official Journal of the European Communities.

Article 81

§ 1

The period of time allowed for commencing proceedings against a measure adopted by an institution shall run from the day following the receipt by the person concerned of notification of the measure or, where the measure is published, from the 15th day after publication thereof in the Official Journal of the European Communities.

§ 2

The extensions, on account of distance, of prescribed time limits shall be provided for in a decision of the Court which shall be published in the Official Journal of the European Communities.

Article 82

Any time limit prescribed pursuant to these rules may be extended by whoever prescribed it.

TITLE 3 SPECIAL FORMS OF PROCEDURE

Chapter 1 SUSPENSION OF OPERATION OR ENFORCEMENT AND OTHER INTERIM MEASURES

Article 83

§ 1

An application to suspend the operation of any measure adopted by an institution, made pursuant to the second paragraph of Article 39 of the ECSC Treaty, Article 185 of the EEC Treaty or Article 157 of the Euratom Treaty, shall be admissible only if the applicant is challenging that measure in proceedings before the Court.

An application for the adoption of any other interim measure referred to in the third paragraph of Article 39 of the ECSC Treaty, Article 186 of the EEC Treaty or Article 158 of the Euratom Treaty shall be admissible only if it is made by a party to a case before the Court and relates to that case.

§ 2

An application of a kind referred to in paragraph 1 of this Article shall state the subject matter of the dispute, the circumstances giving rise to urgency and the factual and legal grounds establishing a prima facie case for the interim measures applied for.

§ 3

The application shall be made by a separate document and in accordance with the provisions of Articles 37 and 38 of these rules.

Article 84

§ 1

The application shall be served on the opposite party, and the President shall prescribe a short period within which that party may submit written or oral observations.

§ 2

The President may order a preparatory inquiry.

The President may grant the application even before the observations of the opposite party have been submitted. This decision may be varied or cancelled even without any application being made by any party.

Article 85

The President shall either decide on the application himself or refer it to the Court.

If the President is absent or prevented from attending, Article 11 of these rules shall apply in a corresponding manner.

Where the application is referred to it, the Court shall postpone all other cases, and shall give a decision after hearing the Advocate-General. Article 84 shall apply in a corresponding manner.

Article 86

§ 1

The decision on the application shall take the form of a reasoned order, from which no appeal shall lie. The order shall be served on the parties forthwith.

§ 2

The enforcement of the order may be made conditional on the lodging by the applicant of security, of an amount and nature to be fixed in the light of the circumstances.

§ 3

Unless the order fixes the date on which the interim measure is to lapse, the measure shall lapse when final judgment is delivered.

§ 4

The order shall have only an interim effect, and shall be without prejudice to the decision of the Court on the substance of the case.

Article 87

On application by a party, the order may at any time be varied or cancelled on account of a change in circumstances.

Article 88

Rejection of an application for an interim measure shall not bar the party who made it from making a further application on the basis of new facts.

Article 89

The provisions of this Chapter shall apply in a corresponding manner to applications to suspend the enforcement of a decision of the Court or of any measure adopted by another institution, submitted pursuant to Articles 44 and 92 of the ECSC Treaty, Articles 187 and 192 of the EEC Treaty or Articles 159 and 164 of the Euratom Treaty. The order granting the application shall fix a date on which the interim measure is to lapse.

Article 90

§ 1

An application of a kind referred to in the third and fourth paragraphs of Article 81 of the Euratom Treaty shall contain: (a) the names and addresses of the persons or undertakings to be inspected;

(b) an indication of what is to be inspected and of the purpose of the inspection.

§ 2

The President shall give his decision in the form of an order. Article 86 of these rules shall apply in a corresponding manner.

If the President is absent or prevented from attending, Article 11 of these rules shall apply.

Chapter 2 PROCEDURAL ISSUES

Article 91

§ 1

A party wishing to apply to the Court for a decision on a preliminary objection or on any other procedural issue shall make the application by a separate document.

The application must state the grounds of fact and law relied on and the form of order sought by the applicant ; any supporting documents must be annexed to it.

§ 2

As soon as the application has been lodged, the President shall prescribe a period within which the opposite party is to lodge a document containing that party's submissions and the grounds for them.

§ 3

Unless the Court decides otherwise, the remainder of the proceedings shall be oral.

§ 4

The Court shall, after hearing the Advocate-General, decide on the application or reserve its decision for the final judgment.

If the Court refuses the application or reserves its decision, the President shall prescribe new time limits for the further steps in the proceedings.

Article 92 (1)

§ 1

Where it is clear that the Court has no jurisdiction to take cognizance of an application lodged with it in pursuance of Article 38 (1), the Court may by reasoned order declare the application inadmissible. Such a decision may be adopted even before the application has been served on the party against whom it is made.

§ 2

The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case, and shall give its decision in accordance with Article 91 (3) and (4) of these rules.

Chapter 3 INTERVENTION

Article 93 (1)

§ 1

An application to intervene must be made within three months of the publication of the notice referred to in Article 16 (6) of these rules.

§ 2

The application shall contain: (a) the description of the case;

(b) the description of the parties;

(c) the name and permanent residence of the intervener;

(d) the reasons for the intervener's interest in the result of the case, having regard to Article 37 of the EEC Statute and Article 38 of the Euratom Statute;

(e) submissions supporting or opposing the submissions of a party to the original case;

(f) an indication of any evidence founded upon and, in an annex, the supporting documents;

(g) the intervener's address for service at the place where the Court has its seat.

The intervener shall be represented in accordance with the first and second paragraphs of Article 20 of the ECSC Statute and with Article 17 of the EEC and Euratom Statutes.

Articles 37 and 38 of these rules shall apply in a corresponding manner.

§ 3

The application shall be served on the parties to the original case. The Court shall give the parties an opportunity to submit their written or oral observations and shall, after hearing the Advocate-General, give its decision in the form of an order.

§ 4

If the Court allows the intervention, the intervener shall receive a copy of every document served on the parties. The Court may, however, on application by one of the parties, omit secret or confidential documents.

§ 5

The intervener must accept the case as he finds it at the time of his intervention.

The President shall prescribe a period within which the intervener is to state in writing the grounds for his submissions.

Chapter 4 JUDGMENTS BY DEFAULT AND APPLICATIONS TO SET THEM ASIDE

Article 94

§ 1

If a defendant on whom an application originating proceedings has been duly served fails to lodge a defence to the application in the proper form within the time prescribed, the applicant may apply for judgment by default.

The application shall be served on the defendant. The President shall fix a date for the opening of the oral procedure.

§ 2

Before giving judgment by default the Court shall, after hearing the Advocate-General, consider whether the originating application is admissible, whether the appropriate formalities have been complied with, and whether the applicant's submissions appear well founded. The Court may order a preparatory inquiry.

§ 3

A judgment by default shall be enforceable. The Court may, however, grant a stay of execution until the Court has given its decision on any application under paragraph 4 to set aside the judgment, or it may make execution subject to the provision of security of an amount and nature to be fixed in the light of the circumstances ; this security shall be released if no such application is made or if the application fails.

§ 4

Application may be made to set aside a judgment by default.

The application to set aside the judgment must be made within one month from the date of service of the judgment and must be lodged in the form prescribed by Articles 37 and 38 of these rules.

§ 5

After the application has been served, the President shall prescribe a period within which the other party may submit his written observations.

The proceedings shall be conducted in accordance with Articles 44 et seq. of these rules.

§ 6

The Court shall decide by way of a judgment which may not be set aside. The original of this judgment shall be annexed to the original of the judgment by default. A note of the judgment on the application to set aside shall be made in the margin of the original of the judgment by default.

Chapter 5 CASES ASSIGNED TO CHAMBERS

Article 95 (1)

§ 1

The Court may assign to a Chamber any reference for a preliminary ruling of a kind mentioned in Article 103 of these rules as well as any action instituted by a natural or legal person under Article 33 (2), Article 34 (2), Article 35, Article 36 (2), Article 40 (1) and (2), and Article 42 of the ECSC Treaty, Article 172, Article 173 (2), Article 175 (3), Article 178 and Article 181 of the EEC Treaty, and Article 144, Article 146 (2), Article 148 (3), Article 151 and Article 153 of the Euratom Treaty, in so far as the difficulty or the importance of the case or particular circumstances are not such as to require that the Court decide it in plenary session.

§ 2

The decision so to assign a case shall be taken by the Court at the end of the written procedure upon consideration of the preliminary report presented by the Judge-Rapporteur and after the Advocate-General has been heard.

However, a case may not be so assigned if a Member State or an institution of the Communities, being a party to the proceedings, has requested that the case be decided in plenary sessions. In this subparagraph the expression "party to the proceedings" means any Member State or any institution which is a party to or an intervener in the proceedings or which has submitted written observations in any reference of a kind mentioned in Article 103 of these rules.

§ 3

Proceedings commenced by an official or other servant of an institution against the institution shall, with the exception of applications for the adoption of interim measures, be tried by a Chamber designated each year by the Court for that purpose. Such allocation shall not preclude the adoption of appropriate measures in cases whose subject-matter is related.

§ 4

A Chamber may at any stage refer to the Court any case assigned to or devolving upon it.

Article 96 (1)

§ 1

Where an application for the adoption of interim measures is made to the President in the course of proceedings under Article 95 (3) of these rules but the President is absent or prevented from hearing the application, his place shall be taken by the President of the designated Chamber.

§ 2

Without prejudice to his power or referral under Article 85 of these rules, the President may refer the application to the designated Chamber.

Chapter 6 EXCEPTIONAL REVIEW PROCEDURES

Section 1 - Third party proceedings

Article 97

§ 1

Articles 37 and 38 of these rules shall apply in a corresponding manner to an application originating third party proceedings. In addition such an application shall: (a) specify the judgment contested;

(b) state how that judgment is prejudicial to the rights of the third party;

(c) indicate the reasons why the third party was unable to take part in the original case.

The application must be made against all the parties to the original case.

Where the judgment has been published in the Official Journal of the European Communities, the application must be lodged within two months of the publication.

§ 2

The Court may, on application by the third party, order a stay of execution of the judgment. The provisions of Title 3, Chapter 1, of these rules shall apply in a corresponding manner.

§ 3

The contested judgment shall be varied on the points on which the submissions of the third party are uphelp.

The original of the judgment in the third party proceedings shall be annexed to the original of the contested judgment. A note of the judgment in the third party proceedings shall be made in the margin of the original of the contested judgment.

Section 2 - Revision

Article 98

An application for revision of a judgment shall be made within three months of the date on which the applicant receives knowledge of the facts on which the application is based.

Article 99

§ 1

Articles 37 and 38 of these rules shall apply in a corresponding manner to an application for revision. In addition such an application shall: (a) specify the judgment contested;

(b) indicate the points on which the judgment is contested;

(c) set out the facts on which the application is based;

(d) indicate the nature of the evidence to show that there are facts justifying revision of the judgment, and that the time limit laid down in Article 98 has been observed.

§ 2

The application must be made against all parties to the case in which the contested judgment was given.

Article 100

§ 1

Without prejudice to its decision on the merits, the Court sitting in the Deliberation Room shall, after hearing the Advocate-General and having regard to the written observations of the parties, give in the form of a judgment its decision on the admissibility of the application.

§ 2

If the Court finds the application admissible, it shall proceed to consider the merits of the application and shall give its decision in the form of a judgment in accordance with these rules.

§ 3

The original of the revising judgment shall be annexed to the original of the judgment revised. A note of the revising judgment shall be made in the margin of the original of the judgment revised.

Chapter 7 APPEALS AGAINST DECISIONS OF THE ARBITRATION COMMITTEE

Article 101

§ 1

An application originating an appeal under the second paragraph of Article 18 of the Euratom Treaty shall state: (a) the name and permanent address of the applicant;

(b) the description of the signatory;

(c) a reference to the arbitration committee's decision against which the appeal is made;

(d) the description of the parties;

(e) a summary of the facts;

(f) the grounds of the application and the form of order sought by the applicant.

§ 2

Articles 37 (3) and (4) and 38 (2), (3) and (5) of these rules shall apply in a corresponding manner.

A certified copy of the contested decision shall be annexed to the application.

§ 3

As soon as the application has been lodged, the Registrar of the Court shall request the arbitration committee registry to transmit to the Court the papers in the case.

§ 4

Articles 39, 40, 55 et seq. of these rules shall apply in a corresponding manner to these proceedings.

§ 5

The Court shall give its decision in the form of a judgment. Where the Court sets aside the decision of the arbitration committee it may remit the case to the committee.

Chapter 8 INTERPRETATION OF JUDGMENTS

Article 102

§ 1

An application for interpretation of a judgment shall be made in accordance with Articles 37 and 38 of these rules. In addition it shall specify: (a) the judgment in question;

(b) the passages of which interpretation is sought.

The application must be made against all the parties to the case in which the judgment was given.

§ 2

The Court shall give its decision in the form of a judgment after having given the parties an opportunity to submit their observations and after hearing the Advocate-General.

The original of the interpreting judgment shall be annexed to the original of the judgment interpreted. A note of the interpreting judgment shall be made in the margin of the original of the judgment interpreted.

Chapter 9 PRELIMINARY RULINGS AND OTHER REFERENCES FOR INTERPRETATION

Article 103

§ 1

In cases governed by Article 20 of the EEC Statute and Article 21 of the Euratom Statute, the provisions of Article 43 et seq. of these rules shall apply after the statements of case or written observations provided for in the said Articles 20 and 21 have been lodged.

The same provisions shall apply even where such documents are not lodged within the time prescribed in those Articles 20 and 21, or where the parties to the main action, the Member States, the Commission or, as the case may be, the Council declare an intention to dispense with them.

§ 2

The provisions of paragraph 1 shall apply to the references for a preliminary ruling provided for in the Protocol concerning the interpretation by the Court of Justice of the Convention of 29 February 1968 on the Mutual Recognition of Companies and Legal Persons and the Protocol concerning the interpretation by the Court of Justice of the Convention of 27 September 1968 on jurisdiction and the enforcement of civil and commercial judgments, signed at Luxembourg on 3 June 1971, and to the references provided for by Article 4 of the latter Protocol.

The provisions of paragraph 1 shall apply also to references for preliminary rulings provided for by other existing or future agreements.

§ 3

In cases provided for in Article 41 of the ECSC Treaty, the text of the decision to refer the matter shall be served on the parties in the case, the Member States, the High Authority and the Special Council of Ministers.

These parties, States and institutions may, within two months from the date of such service, lodge written statements of case or written observations.

After these documents have been lodged, or where they have not been lodged within the time prescribed in the preceding subparagraph, the provisions of Article 43 et seq. of these rules shall apply.

Article 104 (1)

§ 1

The decisions of national courts or tribunals referred to in Article 103 of these rules shall be communicated to the Member States in the original version, accompanied by a translation into the official language of the State to which they are addressed.

§ 2

As regards the representation and attendance of the parties to the main proceedings in the preliminary ruling procedure the Court shall take account of the rules of procedure of the national court or tribunal which made the reference.

§ 3

It shall be for the national court or tribunal to decide as to the costs of the reference.

In special circumstances the Court may grant, as legal aid, assistance for the purpose of facilitating the representation or attendance of a party.

Chapter 10 SPECIAL PROCEDURES UNDER ARTICLES 103 TO 105 OF THE EURATOM TREATY

Article 105 (1)

§ 1

Four certified copies shall be lodged of an application under the third paragraph of Article 103 of the Euratom Treaty. The Commission shall be served with a copy.

§ 2

The application shall be accompanied by the draft of the agreement or contract in question, by the observations of the Commission addressed to the State concerned and by all other supporting documents.

The Commission shall submit its observations to the Court within a period of 10 days, which may be extended by the President after the State concerned has been heard.

A certified copy of the observations shall be served on that State.

§ 3

As soon as the application has been lodged the President shall designate a Judge to act as Rapporteur. The First Advocate-General shall assign the case to an Advocate-General as soon as the Judge-Rapporteur has been designated.

§ 4

The decision shall be taken in the Deliberation Room after the Advocate-General has been heard.

The agents and advisers of the State concerned and of the Commission shall be heard if they so request.

Article 106

§ 1

In cases provided for in the last paragraph of Article 104 and the last paragraph of Article 105 of the Euratom Treaty, the provisions of Articles 37 et seq. of these rules shall apply in a corresponding manner.

§ 2

The application shall be served on the State to which the respondent person or undertaking belongs.

Chapter 11

OPINIONS

Article 107

§ 1

A request by the Council for an Opinion under Article 228 of the EEC Treaty shall be served on the Commission. Such a request by the Commission shall be served on the Council and on the Member States. Such a request by a Member State shall be served on the Council, the Commission and the other Member States.

The President shall prescribe a period within which the institutions and Member States which have been served with a request may submit their written observations.

§ 2

The Opinion may deal not only with the question whether the envisaged agreement is compatible with the provisions of the EEC Treaty but also with the question whether the Community or any Community institution has the power to enter into that agreement.

Article 108

§ 1

As soon as the request for an Opinion has been lodged, the President shall designate a Judge to act as Rapporteur.

§ 2

The Court sitting in the Deliberation Room shall, after hearing the Advocate-General, deliver a reasoned Opinion.

§ 3

The Opinion signed by the President, by the Judges who took part in the deliberations and by the Registrar shall be served on the Council, the Commission and the Member States.

Article 109

Requests for the Opinion of the Court under the fourth paragraph of Article 95 of the ECSC Treaty shall be submitted jointly by the High Authority and the Special Council of Ministers.

The Opinion shall be delivered in accordance with the provisions of the preceding Article. It shall be communicated to the High Authority, the Special Council of Ministers and the European Parliament.

MISCELLANEOUS PROVISIONS

Article 110

§ 1

The President shall instruct any person who is required to take an oath before the Court, as witness or expert, to tell the truth or to carry out his task conscientiously and impartially, as the case may be, and shall warn him of the criminal liability provided for in his national law in the event of any breach of this duty.

§ 2

The witness shall take the oath either in accordance with the first subparagraph of Article 47 (5) or in the manner laid down by his national law.

Where his national law provides the opportunity to make, in judicial proceedings, a solemn affirmation equivalent to an oath as well as or instead of taking an oath, the witness may make such an affirmation under the conditions and in the form prescribed in his national law.

Where his national law provides neither for taking an oath nor for making a solemn affirmation, the procedure described in paragraph 1 shall be followed.

§ 3

Paragraph 2 shall apply mutatis mutandis to experts, a reference to the first subparagraph of Article 49 (6) replacing in this case the reference to the first subparagraph of Article 47 (5) of these Rules of Procedure.

Article 111

Subject to the provisions of Article 188 of the EEC Treaty and Article 160 of the Euratom Treaty and after consultation with the Governments concerned, the Court shall adopt supplementary rules concerning its practice in relation to: (a) letters rogatory;

(b) applications for legal aid;

(c) reports of perjury by witnesses or experts, delivered pursuant to Article 28 of the ECSC and Euratom Statutes and Article 27 of the EEC Statute.

Article 112

These rules replace the Rules of Procedure of the Court of Justice of the European Communities of 3 March 1959 as amended by the Decision of the Court of 11 November 1959 (OJ, 1960, p. 17).

Article 113

These rules, which are authentic in the languages mentioned in Article 29 (1) of these rules, shall be published in the Official Journal of the European Communities.

ANNEX I Decision on official holidays

Article 1 (3)

For the purposes of Article 80 (2) of the Rules of Procedure the following shall be official holidays:

New Year's Day;

Easter Monday;

1 May;

Ascension Day;

Whit Monday;

23 June;

24 June, where 23 June is a Sunday;

15 August;

1 November;

25 December;

26 December.

The official holidays referred to in the first paragraph hereof shall be those observed at the place where the Court of Justice has its seat.

Article 2

Article 80 (2) of the Rules of Procedure shall apply only to the official holidays mentioned in Article 1 of this Decision.

Article 3

This Decision, which shall constitute Annex I to the Rules of Procedure, shall enter into force on the same day as those rules.

It shall be published in the Official Journal of the European Communities.

ANNEX II Decision on extension of time limits on account of distance

Article 1 (3)

In order to take account of distance, procedural time limits for all parties save those habitually resident in the Grand Duchy of Luxembourg shall be extended as follows: - for the Kingdom of Belgium : two days,

- for the Federal Republic of Germany, the European territory of the French Republic and the European territory of the Kingdom of the Netherlands : six days,

- for the European territory of the Kingdom of Denmark, for the Hellenic Republic, for Ireland, for the Italian Republic and for the United Kingdom : 10 days,

- for other European countries and territories : two weeks,

- for other countries, departments and territories : one month.

Article 2

This Decision, which shall constitute Annex II to the Rules of Procedure, shall enter into force on the same day as those rules.

It shall be published in the Official Journal of the European Communities.

SUPPLEMENTARY RULES

CONTENTS

>PIC FILE= "T0033854"> CHAPTER I LETTERS ROGATORY

Article 1

Letters rogatory shall be issued in the form of an order which shall contain the names, forenames, description and address of the witness or expert, set out the facts on which the witness or expert is to be examined, name the parties, their agents, lawyers or advisers, indicate their addresses for service and briefly describe the subject matter of the dispute.

Notice of the order shall be served on the parties by the Registrar.

Article 2

The Registrar shall send the order to the competent authority named in Annex I of the Member State in whose territory the witness or expert is to be examined. Where necessary, the order shall be accompanied by a translation into the official languages of the Member State to which it is addressed.

The authority named pursuant to the first paragraph shall pass on the order to the judicial authority which is competent according to its national law.

The competent judicial authority shall give effect to the letters rogatory in accordance with its national law. After implementation the competent judicial authority shall transmit to the authority named pursuant to the first paragraph the order embodying the letters rogatory, any documents arising from the implementation and a detailed statement of costs. These documents shall be sent to the Registrar of the Court.

The Registrar shall be responsible for the translation of the documents into the language of the case.

Article 3

The Court shall defray the expenses occasioned by the letters rogatory without prejudice to the right to charge them, where appropriate to the parties.

CHAPTER II LEGAL AID

Article 4

The Court, by any order by which it decides that a person is entitled to receive legal aid, shall order that a lawyer be appointed to act for him.

If the person does not indicate his choice of lawyer, or if the Court considers that his choice is unacceptable, the Registrar shall send a copy of the order and of the application for legal aid to the authority named in Annex II, being the competent authority of the State concerned.

The Court, in the light of the suggestions made by that authority, shall of its own motion appoint a lawyer to act for the person concerned.

Article 5

The Court shall advance the funds necessary to meet expenses. It shall adjudicate on the lawyer's disbursements and fees ; the President may, on application by the lawyer, order that he receive an advance.

CHAPTER III

REPORTS OF PERJURY BY A WITNESS OR EXPERT

Article 6

The Court, after hearing the Advocate-General, may decide to report to the competent authority referred to in Annex III of the Member State, whose courts have penal jurisdiction in any case of perjury on the part of a witness or expert before the Court, account being taken of the provisions of Article 110 of the Rules of Procedure.

Article 7

The Registrar shall be responsible for communicating the Decision of the Court.

The Decision shall set out the facts and circumstances on which the report is based.

FINAL PROVISIONS

Article 8

These Supplementary Rules replace the Supplementary Rules of 9 March 1962 (OJ, 1962, p. 1113).

Article 9

These rules, which shall be authentic in the languages referred to in Article 29 (1) of the Rules of Procedure, shall be published in the Official Journal of the European Communities.

These rules shall enter into force on the date of their publication.

ANNEX 1 (4) List referred to in the first paragraph of Article 2

Belgium

The Minister of Justice

Denmark

The Minister of Justice

France

The Minister of Justice

Germany

The Federal Minister of Justice

Greece

The Minister of Justice

Ireland

The Minister of Justice

Italy

The Minister of Justice

Luxembourg

The Minister of Justice

Netherlands

The Minister of Justice

United Kingdom

The Secretary of State

ANNEX II (4) List referred to in the second paragraph of Article 4

Belgium

The Minister of Justice

Denmark

The Minister of Justice

France

The Minister of Justice

Germany

Bundesrechtsanwaltskammer

Greece

The Minister of Justice

Ireland

The Minister for Justice

Italy

The Minister of Justice

Luxembourg

The Minister of Justice

Netherlands

Algemene Raad van de Nederlandse Orde van Advocaten

United Kingdom

The Law Society, London (for applicants resident in England or Wales)

The Law Society of Scotland, Edinburgh (for applicants resident in Scotland)

The Incorporated Law Society of Northern Ireland, Belfast (for applicants resident in Northern Ireland)

ANNEX III (4) List referred to in Article 6

Belgium

The Minister of Justice

Denmark

The Minister of Justice

France

The Minister of Justice

Germany

The Federal Minister of Justice

Greece

The Minister of Justice

Ireland

The Attorney General

Italy

The Minister of Justice

Luxembourg

The Minister of Justice

Netherlands

The Minister of Justice

United Kingdom

Her Majesty's Attorney General, for witnesses or experts resident in England or Wales

Her Majesty's Advocate, for witnesses or experts resident in Scotland

Her Majesty's Attorney General, for witnesses or experts resident in Northern Ireland

INSTRUCTIONS TO THE REGISTRAR

>PIC FILE= "T0033855"> SECTION ONE RESPONSIBILITIES OF THE REGISTRY

Article 1

§ 1

The Registry shall be open to the public from Monday to Friday from 10 a.m. to 12 noon and from 3 p.m. to 6 p.m., except on the official holidays listed in Annex I to the Rules of Procedure.

Outside the opening hours of the Registry procedural documents may be validly lodged with the janitor, who shall record the date and time of such lodging.

§ 2

In any event the Registry shall at every public hearing held by the Court or a Chamber be open to the public half an hour before the hearing begins.

Article 2

The Registrar shall be responsible for maintaining the files of pending cases and for keeping them fully up to date.

Article 3

§ 1

The Registrar shall be responsible for drawing up minutes of judgments, orders and other decisions. He shall submit them to the responsible Judges for their signatures.

§ 2

The Registrar shall ensure that where the ECSC, EEC or Euratom Treaty, the ECSC, EEC or Euratom Statute, the Rules of Procedure or any other act giving powers to the Court of Justice provide for a document to be served, a notice to be given or a communication to be made the steps are carried out in accordance with the Rules of Procedure ; the documents, notices and communications shall be sent by registered post, accompanied by a note signed by the Registrar giving the number of the case and the registration number of the document, together with a brief indication as to its nature. A copy of the note shall be appended to the original document.

§ 3

The parties shall be served with the pleadings and other documents relating to the proceedings.

Where a document is very bulky and only one specimen of it is lodged at the Registry, the Registrar shall, after consulting the Judge-Rapporteur, inform the parties by registered letter that the document may be inspected by them at the Registry.

§ 4

Where in the submission in the application originating proceedings it is contended that an act of a Community institution not being a party to the action is illegal, the Registrar shall transmit a copy of the application to the institution in accordance with the second paragraph of Article 18 of the Statutes of the Court of Justice of the EEC and the Euratom and the second paragraph of Article 21 of the Statute of the Court of Justice of the ECSC.

The Registrar shall not transmit other written pleadings to the institution, unless the institution has been allowed to intervene in accordance with Article 93 (4) of the Rules of Procedure.

Article 4

§ 1

A party who has lodged a procedural document at the Registry shall, if he so requests, be given a receipt.

§ 2

Unless otherwise expressly authorized by the President or the Court, the Registrar shall decline to accept or, as the case may be, shall without delay return by registered post any pleading or other document not provided for in the Rules of Procedure or not worded in the language of the case.

§ 3

On a procedural document which has been lodged on a date other than the date of its registration, a note shall be made stating that it has been so lodged.

Article 5

§ 1

The Registrar shall, after consulting the President and the Judge-Rapporteur, take all measures necessary for implementing Article 38 (7) of the Rules of Procedure.

He shall prescribe the period mentioned in that Article and shall communicate it to the person concerned by registered letter with a form for acknowledgment of receipt.

If the person concerned does not comply with the directions of the Registrar, the latter shall refer the matter to the President of the Court.

§ 2

Requests to the Registrar of the Arbitration Committee pursuant to Article 101 (3) of the Rules of Procedure shall be sent by registered letter with a form for acknowledgment of receipt.

The papers shall be returned to the Registry of the Arbitration Committee after the Decision of the Court is pronounced or after the case is removed from the Court Register.

Article 6

§ 1

Where a Decision or order is delivered in open court a note to that effect shall be made at the foot of the text ; the note shall be in the language of the case and shall read as follows:

"Delivered in open court on ... (date)

(Signature) Registrar

(Signature) President"

§ 2

The notes in the margins to judgments, as required by Articles 66 (4), 94 (6), 97 (3) and 102 (2) of the Rules of Procedure, shall be made in the language of the case ; the President and the Registrar shall initial them.

Article 7

§ 1

Before every public hearing of the Court or a Chamber the Registrar shall draw up a cause list in the respective language of each case.

This list shall contain: - the date, hour and place of the hearing,

- the references to the cases which will be called,

- the names of the parties;

- the names and descriptions of the parties' agents, advisers and lawyers.

The cause list shall be displayed at the entrance to the courtroom.

§ 2

The Registrar shall draw up in the respective language of each case the minutes of every public hearing.

The minutes shall contain: - the date and place of the hearing,

- the names of the Judges, Advocates-General and Registrar present,

- the reference to the case,

- the names of the parties,

- the names and descriptions of the parties' agents, advisers and lawyers,

- the names, forenames, descriptions and permanent addresses of the witnesses or experts examined,

- an indication of the evidence produced at the hearing,

- an indication of the documents lodged by the parties in the course of the hearing,

- the decisions of the Court, the Chamber or the President of the Court or Chamber, given at the hearing.

If the oral procedure in the case extends over several successive hearings, it may be reported in a single set of minutes.

Article 8

The Registrar shall ensure that a person or body responsible for making an investigation or giving an expert opinion in accordance with Article 49 of the Rules of Procedure is in possession of the material necessary for carrying out his task.

Article 9

Certificates as provided for in Article 33 (b) of the Rules of Procedure shall be delivered to the adviser or lawyer concerned if he so requests, where this step is required for the proper conduct of proceedings.

The certificates shall be drawn up by the Registrar.

Article 10

For the purposes of Article 32 of the Rules of Procedure, an extract from the cause list shall be transmitted in advance to the Minister of Foreign Affairs of the place where the Court is sitting.

SECTION TWO KEEPING OF THE REGISTER

Article 11

The Registrar shall be responsible for keeping up to date the Register of cases brought before the Court.

Article 12

When an application originating proceedings is registered, the case shall be given a serial number followed by a mention of the year and a statement of either the name of the applicant or the subject matter of the application. Cases shall be referred to by their serial numbers.

An application for the adoption of interim measures shall be given the same serial number as the principal action, followed by the letter "R".

Article 13

The pages of the Register shall be numbered in advance.

At regular intervals the President and the Registrar shall check the Register and initial it in the margin against the last entry.

Article 14

The procedural documents in cases brought before the Court, including documents lodged by the parties and documents served by the Registrar, shall be entered in the Register.

An annex which has not been lodged at the same time as the procedural document to which it relates shall be separately registered.

Article 15

§ 1

Entries in the Register shall be made chronologically in the order in which the documents to be registered are lodged ; they shall be numbered consecutively.

§ 2

Procedural documents shall be registered as soon as they are lodged at the Registry.

Documents drawn up by the Court shall be registered on the day of issue.

§ 3

The entry in the Register shall contain the information necessary for identifying the document and in particular: - the date of registration,

- the reference to the case,

- the nature of the document,

- the date of the document.

The entry shall be made in the language of the case ; numbers shall be written in figures and usual abbreviations shall be permitted.

§ 4

Where a correction is made in the Register a note to that effect, initialled by the Registrar, shall be made in the margin.

Article 16

The registration number of every document drawn up by the Court shall be noted on its first page.

A note of the registration, worded as follows, shall be stamped on the original of every document lodged by the parties:

"Registered at the Court of Justice under No ...

Luxembourg, ... day of ... 19 ..."

This note shall be signed by the Registrar.

SECTION THREE SCALE OF CHARGES OF THE REGISTRY OF THE COURT

Article 17

No registry charges may be imposed save those referred to in this section.

Article 18

Registry charges may be paid either in cash to the cashier of the Court or by bank transfer to the Court account at the bank named in the demand for payment.

Article 19

Where the party owing Registry charges has been granted legal aid, Article 76 (5) of the Rules of Procedure shall apply.

Article 20

Registry charges shall be as follows: (a) for an authenticated copy of a judgment or order, a certified copy of a procedural document or set of minutes, an extract from the Court Register, a certified copy of the Court Register or a certified copy made pursuant to Article 72 (b) of the Rules of Procedure : Lfrs 60 a page;

(b) for a translation made pursuant to Article 72 (b) of the Rules of Procedure : Lfrs 500 a page.

No page shall contain more than 40 lines.

This scale applies to the first copy ; the charge for further copies shall be Lfrs 50 for each page or part of a page.

The charges referred to in this Article shall as from 1 January 1975 be increased by 10 % each time the cost-of-living index published by the Government of the Grand Duchy of Luxembourg is increased by 10 %.

Article 21

§ 1

Where pursuant to Articles 47 (3), 51 (1) and 76 (5) of the Rules of Procedure an application is made to the cashier of the Court for an advance payment, the Registrar shall direct that particulars of the costs for which the advance payment is required be delivered.

Witnesses must supply evidence of their loss of earnings and experts must supply a note of fees for their services.

§ 2

The Registrar shall order payment by the cashier of the Court of sums -payable pursuant to the preceding paragraph, against a receipt or other proof of payment.

Where he is of the opinion that the amount applied for is excessive, he may of his own motion reduce it or order payment by instalments.

§ 3

The Registrar shall order the cashier of the Court to refund the costs of letters rogatory payable in accordance with Article 3 of the Supplementary Rules to the authority designated by the competent authority referred to in Article 2 of those rules, in the currency of the State concerned against proof of payment.

§ 4

The Registrar shall order the cashier of the Court to make the advance payment referred to in the second paragraph of Article 5 of the Supplementary Rules of Procedure, subject to the second subparagraph of paragraph 2 of this Article.

Article 22

§ 1

Where sums paid out by way of legal aid pursuant to Article 76 (5) of the Rules of Procedure are recoverable, payment of the sums shall be demanded by registered letter, signed by the Registrar. The letter shall state not only the amount payable but also the method of payment and the period prescribed.

The same provision shall apply to the implementation of Article 72 (a) of the Rules of Procedure and Article 21 (1), (3) and (4) of these instructions.

§ 2

If the sums demanded are not paid within the period prescribed by the Registrar, he shall request the Court to make an enforceable Decision and to order its enforcement in accordance with Articles 44 and 92 of the ECSC Treaty, 187 and 192 of the EEC Treaty or 159 and 164 of the Euratom Treaty.

Where a party is by a judgment or order directed to pay costs to the cashier of the Court, the Registrar shall, if the costs are not paid within the period prescribed, apply for payment of the costs to be enforced.

SECTION FOUR

PUBLICATIONS OF THE COURT

Article 23

The Registrar shall be responsible for the publications of the Court.

Article 24

There shall be published in the languages referred to in Article 1 of Council Regulation No 1 "Reports of Cases before the Court" which shall, subject to a decision to the contrary, contain the judgments of the Court together with the submissions of the Advocates-General and the opinions given and the interim orders made in the course of the calendar year.

Article 25

The Registrar shall cause the following to be published in the Official Journal of the European Communities: (a) notices of applications originating proceedings, as referred to in Article 16 (6) of the Rules of Procedure;

(b) notices of the removal of cases from the Register;

(c) subject to a decision by the Court to the contrary, the operative part of every judgment and interim order;

(d) the composition of the Chambers;

(e) the appointment of the President of the Court;

(f) the appointment of the Registrar;

(g) the appointment of the Assistant Registrar and the Administrator.

FINAL PROVISIONS

Article 26

These instructions replace the instructions issued by the Court of Justice of the European Communities on 23 June 1960 (OJ, 1960, p. 1417) as amended by the Decisions of the Court of 6 April 1962 (OJ, 1962, p. 1115) and 13 July 1965 (OJ, 1965, p. 2413).

Article 27

These instructions, which are authentic in the languages referred to in Article 29 (1) of the Rules of Procedure, shall be published in the Official Journal of the European Communities.

ANNEX I Decision on official holidays

Article 1 (3)

For the purposes of Article 80 (2) of the Rules of Procedure the following shall be official holidays:

New Year's Day;

Easter Monday;

1 May;

Ascension Day;

Whit Monday;

23 June;

24 June, where 23 June is a Sunday;

15 August;

1 November;

25 December;

26 December.

The official holidays referred to in the first paragraph hereof shall be those observed at the place where the Court of Justice has its seat.

Article 2

Article 80 (2) of the Rules of Procedure shall apply only to the official holidays mentioned in Article 1 of this Decision.

Article 3

This Decision, which shall constitute Annex I to the Rules of Procedure, shall enter into force on the same day as those rules.

It shall be published in the Official Journal of the European Communities.

ANNEX II Decision on extension of time limits on account of distance

Article 1 (3)

In order to take account of distance, procedural time limits for all parties save those habitually resident in the Grand Duchy of Luxembourg shall be extended as follows: - for the Kingdom of Belgium : two days,

- for the Federal Republic of Germany, the European territory of the French Republic and the European territory of the Kingdom of the Netherlands : six days,

- for the European territory of the Kingdom of Denmark, for the Hellenic Republic, for Ireland, for the Italian Republic and for the United Kingdom : 10 days,

- for other European countries and territories : two weeks,

- for other countries, departments and territories : one month.

Article 2

This Decision, which shall constitute Annex II to the Rules of Procedure, shall enter into force on the same day as those rules.

It shall be published in the Official Journal of the European Communities.

SUPPLEMENTARY RULES

CONTENTS

>PIC FILE= "T0033854"> CHAPTER I LETTERS ROGATORY

Article 1

Letters rogatory shall be issued in the form of an order which shall contain the names, forenames, description and address of the witness or expert, set out the facts on which the witness or expert is to be examined, name the parties, their agents, lawyers or advisers, indicate their addresses for service and briefly describe the subject matter of the dispute.

Notice of the order shall be served on the parties by the Registrar.

Article 2

The Registrar shall send the order to the competent authority named in Annex I of the Member State in whose territory the witness or expert is to be examined. Where necessary, the order shall be accompanied by a translation into the official languages of the Member State to which it is addressed.

The authority named pursuant to the first paragraph shall pass on the order to the judicial authority which is competent according to its national law.

The competent judicial authority shall give effect to the letters rogatory in accordance with its national law. After implementation the competent judicial authority shall transmit to the authority named pursuant to the first paragraph the order embodying the letters rogatory, any documents arising from the implementation and a detailed statement of costs. These documents shall be sent to the Registrar of the Court.

The Registrar shall be responsible for the translation of the documents into the language of the case.

Article 3

The Court shall defray the expenses occasioned by the letters rogatory without prejudice to the right to charge them, where appropriate to the parties.

CHAPTER II LEGAL AID

Article 4

The Court, by any order by which it decides that a person is entitled to receive legal aid, shall order that a lawyer be appointed to act for him.

If the person does not indicate his choice of lawyer, or if the Court considers that his choice is unacceptable, the Registrar shall send a copy of the order and of the application for legal aid to the authority named in Annex II, being the competent authority of the State concerned.

The Court, in the light of the suggestions made by that authority, shall of its own motion appoint a lawyer to act for the person concerned.

Article 5

The Court shall advance the funds necessary to meet expenses. It shall adjudicate on the lawyer's disbursements and fees ; the President may, on application by the lawyer, order that he receive an advance.

CHAPTER III

REPORTS OF PERJURY BY A WITNESS OR EXPERT

Article 6

The Court, after hearing the Advocate-General, may decide to report to the competent authority referred to in Annex III of the Member State, whose courts have penal jurisdiction in any case of perjury on the part of a witness or expert before the Court, account being taken of the provisions of Article 110 of the Rules of Procedure.

Article 7

The Registrar shall be responsible for communicating the Decision of the Court.

The Decision shall set out the facts and circumstances on which the report is based.

FINAL PROVISIONS

Article 8

These Supplementary Rules replace the Supplementary Rules of 9 March 1962 (OJ, 1962, p. 1113).

Article 9

These rules, which shall be authentic in the languages referred to in Article 29 (1) of the Rules of Procedure, shall be published in the Official Journal of the European Communities.

These rules shall enter into force on the date of their publication.

ANNEX 1 (4) List referred to in the first paragraph of Article 2

Belgium

The Minister of Justice

Denmark

The Minister of Justice

France

The Minister of Justice

Germany

The Federal Minister of Justice

Greece

The Minister of Justice

Ireland

The Minister of Justice

Italy

The Minister of Justice

Luxembourg

The Minister of Justice

Netherlands

The Minister of Justice

United Kingdom

The Secretary of State

ANNEX II (4) List referred to in the second paragraph of Article 4

Belgium

The Minister of Justice

Denmark

The Minister of Justice

France

The Minister of Justice

Germany

Bundesrechtsanwaltskammer

Greece

The Minister of Justice

Ireland

The Minister for Justice

Italy

The Minister of Justice

Luxembourg

The Minister of Justice

Netherlands

Algemene Raad van de Nederlandse Orde van Advocaten

United Kingdom

The Law Society, London (for applicants resident in England or Wales)

The Law Society of Scotland, Edinburgh (for applicants resident in Scotland)

The Incorporated Law Society of Northern Ireland, Belfast (for applicants resident in Northern Ireland)

ANNEX III (4) List referred to in Article 6

Belgium

The Minister of Justice

Denmark

The Minister of Justice

France

The Minister of Justice

Germany

The Federal Minister of Justice

Greece

The Minister of Justice

Ireland

The Attorney General

Italy

The Minister of Justice

Luxembourg

The Minister of Justice

Netherlands

The Minister of Justice

United Kingdom

Her Majesty's Attorney General, for witnesses or experts resident in England or Wales

Her Majesty's Advocate, for witnesses or experts resident in Scotland

Her Majesty's Attorney General, for witnesses or experts resident in Northern Ireland

INSTRUCTIONS TO THE REGISTRAR

>PIC FILE= "T0033855"> SECTION ONE RESPONSIBILITIES OF THE REGISTRY

Article 1

§ 1

The Registry shall be open to the public from Monday to Friday from 10 a.m. to 12 noon and from 3 p.m. to 6 p.m., except on the official holidays listed in Annex I to the Rules of Procedure.

Outside the opening hours of the Registry procedural documents may be validly lodged with the janitor, who shall record the date and time of such lodging.

§ 2

In any event the Registry shall at every public hearing held by the Court or a Chamber be open to the public half an hour before the hearing begins.

Article 2

The Registrar shall be responsible for maintaining the files of pending cases and for keeping them fully up to date.

Article 3

§ 1

The Registrar shall be responsible for drawing up minutes of judgments, orders and other decisions. He shall submit them to the responsible Judges for their signatures.

§ 2

The Registrar shall ensure that where the ECSC, EEC or Euratom Treaty, the ECSC, EEC or Euratom Statute, the Rules of Procedure or any other act giving powers to the Court of Justice provide for a document to be served, a notice to be given or a communication to be made the steps are carried out in accordance with the Rules of Procedure ; the documents, notices and communications shall be sent by registered post, accompanied by a note signed by the Registrar giving the number of the case and the registration number of the document, together with a brief indication as to its nature. A copy of the note shall be appended to the original document.

§ 3

The parties shall be served with the pleadings and other documents relating to the proceedings.

Where a document is very bulky and only one specimen of it is lodged at the Registry, the Registrar shall, after consulting the Judge-Rapporteur, inform the parties by registered letter that the document may be inspected by them at the Registry.

§ 4

Where in the submission in the application originating proceedings it is contended that an act of a Community institution not being a party to the action is illegal, the Registrar shall transmit a copy of the application to the institution in accordance with the second paragraph of Article 18 of the Statutes of the Court of Justice of the EEC and the Euratom and the second paragraph of Article 21 of the Statute of the Court of Justice of the ECSC.

The Registrar shall not transmit other written pleadings to the institution, unless the institution has been allowed to intervene in accordance with Article 93 (4) of the Rules of Procedure.

Article 4

§ 1

A party who has lodged a procedural document at the Registry shall, if he so requests, be given a receipt.

§ 2

Unless otherwise expressly authorized by the President or the Court, the Registrar shall decline to accept or, as the case may be, shall without delay return by registered post any pleading or other document not provided for in the Rules of Procedure or not worded in the language of the case.

§ 3

On a procedural document which has been lodged on a date other than the date of its registration, a note shall be made stating that it has been so lodged.

Article 5

§ 1

The Registrar shall, after consulting the President and the Judge-Rapporteur, take all measures necessary for implementing Article 38 (7) of the Rules of Procedure.

He shall prescribe the period mentioned in that Article and shall communicate it to the person concerned by registered letter with a form for acknowledgment of receipt.

If the person concerned does not comply with the directions of the Registrar, the latter shall refer the matter to the President of the Court.

§ 2

Requests to the Registrar of the Arbitration Committee pursuant to Article 101 (3) of the Rules of Procedure shall be sent by registered letter with a form for acknowledgment of receipt.

The papers shall be returned to the Registry of the Arbitration Committee after the Decision of the Court is pronounced or after the case is removed from the Court Register.

Article 6

§ 1

Where a Decision or order is delivered in open court a note to that effect shall be made at the foot of the text ; the note shall be in the language of the case and shall read as follows:

"Delivered in open court on ... (date)

(Signature) Registrar

(Signature) President"

§ 2

The notes in the margins to judgments, as required by Articles 66 (4), 94 (6), 97 (3) and 102 (2) of the Rules of Procedure, shall be made in the language of the case ; the President and the Registrar shall initial them.

Article 7

§ 1

Before every public hearing of the Court or a Chamber the Registrar shall draw up a cause list in the respective language of each case.

This list shall contain: - the date, hour and place of the hearing,

- the references to the cases which will be called,

- the names of the parties;

- the names and descriptions of the parties' agents, advisers and lawyers.

The cause list shall be displayed at the entrance to the courtroom.

§ 2

The Registrar shall draw up in the respective language of each case the minutes of every public hearing.

The minutes shall contain: - the date and place of the hearing,

- the names of the Judges, Advocates-General and Registrar present,

- the reference to the case,

- the names of the parties,

- the names and descriptions of the parties' agents, advisers and lawyers,

- the names, forenames, descriptions and permanent addresses of the witnesses or experts examined,

- an indication of the evidence produced at the hearing,

- an indication of the documents lodged by the parties in the course of the hearing,

- the decisions of the Court, the Chamber or the President of the Court or Chamber, given at the hearing.

If the oral procedure in the case extends over several successive hearings, it may be reported in a single set of minutes.

Article 8

The Registrar shall ensure that a person or body responsible for making an investigation or giving an expert opinion in accordance with Article 49 of the Rules of Procedure is in possession of the material necessary for carrying out his task.

Article 9

Certificates as provided for in Article 33 (b) of the Rules of Procedure shall be delivered to the adviser or lawyer concerned if he so requests, where this step is required for the proper conduct of proceedings.

The certificates shall be drawn up by the Registrar.

Article 10

For the purposes of Article 32 of the Rules of Procedure, an extract from the cause list shall be transmitted in advance to the Minister of Foreign Affairs of the place where the Court is sitting.

SECTION TWO KEEPING OF THE REGISTER

Article 11

The Registrar shall be responsible for keeping up to date the Register of cases brought before the Court.

Article 12

When an application originating proceedings is registered, the case shall be given a serial number followed by a mention of the year and a statement of either the name of the applicant or the subject matter of the application. Cases shall be referred to by their serial numbers.

An application for the adoption of interim measures shall be given the same serial number as the principal action, followed by the letter "R".

Article 13

The pages of the Register shall be numbered in advance.

At regular intervals the President and the Registrar shall check the Register and initial it in the margin against the last entry.

Article 14

The procedural documents in cases brought before the Court, including documents lodged by the parties and documents served by the Registrar, shall be entered in the Register.

An annex which has not been lodged at the same time as the procedural document to which it relates shall be separately registered.

Article 15

§ 1

Entries in the Register shall be made chronologically in the order in which the documents to be registered are lodged ; they shall be numbered consecutively.

§ 2

Procedural documents shall be registered as soon as they are lodged at the Registry.

Documents drawn up by the Court shall be registered on the day of issue.

§ 3

The entry in the Register shall contain the information necessary for identifying the document and in particular: - the date of registration,

- the reference to the case,

- the nature of the document,

- the date of the document.

The entry shall be made in the language of the case ; numbers shall be written in figures and usual abbreviations shall be permitted.

§ 4

Where a correction is made in the Register a note to that effect, initialled by the Registrar, shall be made in the margin.

Article 16

The registration number of every document drawn up by the Court shall be noted on its first page.

A note of the registration, worded as follows, shall be stamped on the original of every document lodged by the parties:

"Registered at the Court of Justice under No ...

Luxembourg, ... day of ... 19 ..."

This note shall be signed by the Registrar.

SECTION THREE SCALE OF CHARGES OF THE REGISTRY OF THE COURT

Article 17

No registry charges may be imposed save those referred to in this section.

Article 18

Registry charges may be paid either in cash to the cashier of the Court or by bank transfer to the Court account at the bank named in the demand for payment.

Article 19

Where the party owing Registry charges has been granted legal aid, Article 76 (5) of the Rules of Procedure shall apply.

Article 20

Registry charges shall be as follows: (a) for an authenticated copy of a judgment or order, a certified copy of a procedural document or set of minutes, an extract from the Court Register, a certified copy of the Court Register or a certified copy made pursuant to Article 72 (b) of the Rules of Procedure : Lfrs 60 a page;

(b) for a translation made pursuant to Article 72 (b) of the Rules of Procedure : Lfrs 500 a page.

No page shall contain more than 40 lines.

This scale applies to the first copy ; the charge for further copies shall be Lfrs 50 for each page or part of a page.

The charges referred to in this Article shall as from 1 January 1975 be increased by 10 % each time the cost-of-living index published by the Government of the Grand Duchy of Luxembourg is increased by 10 %.

Article 21

§ 1

Where pursuant to Articles 47 (3), 51 (1) and 76 (5) of the Rules of Procedure an application is made to the cashier of the Court for an advance payment, the Registrar shall direct that particulars of the costs for which the advance payment is required be delivered.

Witnesses must supply evidence of their loss of earnings and experts must supply a note of fees for their services.

§ 2

The Registrar shall order payment by the cashier of the Court of sums -payable pursuant to the preceding paragraph, against a receipt or other proof of payment.

Where he is of the opinion that the amount applied for is excessive, he may of his own motion reduce it or order payment by instalments.

§ 3

The Registrar shall order the cashier of the Court to refund the costs of letters rogatory payable in accordance with Article 3 of the Supplementary Rules to the authority designated by the competent authority referred to in Article 2 of those rules, in the currency of the State concerned against proof of payment.

§ 4

The Registrar shall order the cashier of the Court to make the advance payment referred to in the second paragraph of Article 5 of the Supplementary Rules of Procedure, subject to the second subparagraph of paragraph 2 of this Article.

Article 22

§ 1

Where sums paid out by way of legal aid pursuant to Article 76 (5) of the Rules of Procedure are recoverable, payment of the sums shall be demanded by registered letter, signed by the Registrar. The letter shall state not only the amount payable but also the method of payment and the period prescribed.

The same provision shall apply to the implementation of Article 72 (a) of the Rules of Procedure and Article 21 (1), (3) and (4) of these instructions.

§ 2

If the sums demanded are not paid within the period prescribed by the Registrar, he shall request the Court to make an enforceable Decision and to order its enforcement in accordance with Articles 44 and 92 of the ECSC Treaty, 187 and 192 of the EEC Treaty or 159 and 164 of the Euratom Treaty.

Where a party is by a judgment or order directed to pay costs to the cashier of the Court, the Registrar shall, if the costs are not paid within the period prescribed, apply for payment of the costs to be enforced.

SECTION FOUR

PUBLICATIONS OF THE COURT

Article 23

The Registrar shall be responsible for the publications of the Court.

Article 24

There shall be published in the languages referred to in Article 1 of Council Regulation No 1 "Reports of Cases before the Court" which shall, subject to a decision to the contrary, contain the judgments of the Court together with the submissions of the Advocates-General and the opinions given and the interim orders made in the course of the calendar year.

Article 25

The Registrar shall cause the following to be published in the Official Journal of the European Communities: (a) notices of applications originating proceedings, as referred to in Article 16 (6) of the Rules of Procedure;

(b) notices of the removal of cases from the Register;

(c) subject to a decision by the Court to the contrary, the operative part of every judgment and interim order;

(d) the composition of the Chambers;

(e) the appointment of the President of the Court;

(f) the appointment of the Registrar;

(g) the appointment of the Assistant Registrar and the Administrator.

FINAL PROVISIONS

Article 26

These instructions replace the instructions issued by the Court of Justice of the European Communities on 23 June 1960 (OJ, 1960, p. 1417) as amended by the Decisions of the Court of 6 April 1962 (OJ, 1962, p. 1115) and 13 July 1965 (OJ, 1965, p. 2413).

Article 27

These instructions, which are authentic in the languages referred to in Article 29 (1) of the Rules of Procedure, shall be published in the Official Journal of the European Communities.