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23.8.2012 Official
Journal
of
the
European
Union L
228/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU, EURATOM) No 741/2012 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of 11 August 2012
amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I
thereto
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4)
As a consequence of the progressive expansion of its
EUROPEAN UNION,
jurisdiction since its creation, the number of cases
before the General Court has been steadily increasing.
Having regard to the Treaty on the Functioning of the European
Union, and in particular the first and second paragraphs of
Article 257 and the second paragraph of Article 281 thereof,
(5)
The number of cases brought before the General Court
exceeds the number of cases disposed of each year,
resulting in a significant increase in the number of
Having regard to the Treaty establishing the European Atomic
cases pending before that Court and an increase in the
Energy Community, and in particular Article 106a(1) thereof,
duration of proceedings.
Having regard to the request of the Court of Justice,
(6) There
is
a
continuing
need
to
tackle
delays
arising
from
the heavy workload of the General Court, and it is,
Having regard to the opinion of the European Commission,
therefore, appropriate to work towards putting in place
appropriate measures by the time of the partial renewal
After transmission of the draft legislative act to the national
of the membership of that Court in 2013.
parliaments,
Acting in accordance with the ordinary legislative procedure (
(7)
With a view to the partial renewal of the Court of Justice

1 ),
on 7 October 2012 and in accordance with the letter of
the President of the Court of Justice of the European
Whereas:
Union of 8 May 2012, as a first step, only amendments
to the Statute concerning the organisation of the Court
of Justice and the General Court should be adopted.
(1)
In order to increase the participation of all the Judges in
Examination of the part of the request on the
the decisions of the Grand Chamber of the Court of
membership of the General Court submitted by the
Justice, there should be an increase in the number of
Court of Justice should be reserved for a later stage.
Judges who may participate in the Grand Chamber, and
the automatic participation of all of the Presidents of the
chambers of five Judges should cease.
(8) In
view
of
the
urgent
need
to
find
a
solution
that
guar
antees its proper functioning, the amendments
(2) Corresponding
adjustments
should
be
made
to
the
concerning the Civil Service Tribunal should be
quorum of the Grand Chamber and of the full Court.
adopted together with the amendments concerning the
Court of Justice.
(3)
The increasing responsibilities of the President of the
Court of Justice and of the President of the General
Court require the establishment in each of those Courts
(9)
In order to enable the specialised courts to continue to
of an office of Vice-President in order to assist the
function satisfactorily in the absence of a Judge who,
President in carrying out those responsibilities.
while not suffering from disablement deemed to be
total, is prevented from participating in the disposal of
cases for a lengthy period of time, provision should be
( 1 ) Position of the European Parliament of 5 July 2012 (not yet
published in the Official Journal) and decision of the Council of
made for the possibility of attaching temporary Judges to
24 July 2012.
those courts.

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L 228/2
EN
Official Journal of the European Union
23.8.2012
(10) Protocol No 3 on the Statute of the Court of Justice of
‘The powers referred to in the first paragraph may, under
the European Union and Annex I thereto should
the conditions laid down in the Rules of Procedure, be
therefore be amended accordingly,
exercised by the Vice-President of the Court of Justice.
HAVE ADOPTED THIS REGULATION:
Should the President and the Vice-President be prevented
from attending, another Judge shall take their place under
the conditions laid down in the Rules of Procedure.’;
Article 1
Protocol No 3 on the Statute of the Court of Justice of the
European Union is hereby amended as follows:
(6) in Article 47, the first paragraph is replaced by the
following:
(1) the following Article is inserted:
‘The first paragraph of Article 9, Article 9a, Articles 14 and
15, the first, second, fourth and fifth paragraphs of
‘Article 9a
Article 17 and Article 18 shall apply to the General
The Judges shall elect the President and the Vice-President of
Court and its members.’;
the Court of Justice from among their number for a term of
three years. They may be re-elected.
(7) in Article 62c, the following paragraph is added:
The Vice-President shall assist the President in accordance
with the conditions laid down in the Rules of Procedure. He
‘The European Parliament and the Council, acting in
shall take the President’s place when the latter is prevented
accordance with Article 257 of the Treaty on the Func
from attending or when the office of President is vacant.’;
tioning of the European Union, may attach temporary
Judges to the specialised courts in order to cover the
absence of Judges who, while not suffering from
(2) in Article 16, the second paragraph is replaced by the
disablement deemed to be total, are prevented from partici
following:
pating in the disposal of cases for a lengthy period of time.
In that event, the European Parliament and the Council shall
lay down the conditions under which the temporary Judges
‘The Grand Chamber shall consist of 15 Judges. It shall be
shall be appointed, their rights and duties, the detailed rules
presided over by the President of the Court. The Vice-
governing the performance of their duties and the circum
President of the Court and, in accordance with the
stances in which they shall cease to perform those duties.’.
conditions laid down in the Rules of Procedure, three of
the Presidents of the chambers of five Judges and other
Judges shall also form part of the Grand Chamber.’;
Article 2
In Article 2 of Annex I to Protocol No 3 on the Statute of the
(3) in Article 17, the third and fourth paragraphs are replaced
Court of Justice of the European Union, the existing text
by the following:
becomes paragraph 1 and the following paragraph is added:
‘Decisions of the Grand Chamber shall be valid only if 11
Judges are sitting.
‘2. Temporary
Judges
shall
be
appointed,
in
addition
to
the Judges referred to in the first subparagraph of
paragraph 1, in order to cover the absence of Judges who,
Decisions of the full Court shall be valid only if 17 Judges
while not suffering from disablement deemed to be total, are
are sitting.’;
prevented from participating in the disposal of cases for a
lengthy period of time.’.
(4) in Article 20, the fourth paragraph is replaced by the
following:
Article 3
This Regulation shall enter into force on the first day of the
‘The oral procedure shall consist of the hearing by the Court
month following that of its publication in the Official Journal of
of agents, advisers and lawyers and of the submissions of
the European Union.
the Advocate-General, as well as the hearing, if any, of
witnesses and experts.’;
Points 1, 2, 3, 5 and 6 of Article 1 shall apply from the first
occasion when the Judges are partially replaced, as provided for
(5) in Article 39, the second paragraph is replaced by the
in the first paragraph of Article 9 of Protocol No 3 on the
following two paragraphs:
Statute of the Court of Justice of the European Union.

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EN
23.8.2012 Official
Journal
of
the
European
Union L
228/3
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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Document Outline

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