Amendment to the Rules of Procedure of the European Union Civil Service Tribunal

THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL,

Having regard to the Treaty establishing the European Community, and in particular the fifth paragraph of Article 225a thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the fifth paragraph of Article 140b thereof,

Having regard to the Protocol on the Statute of the Court of Justice of the European Communities, and in particular Annex I thereto,

Having regard to Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal [1],

Having regard to the agreement of the Court of Justice,

Having regard to the Council’s approval given on 27 November 2008,

Whereas it is necessary to clarify the number of ballots that may be held for the election of the President of the European Union Civil Service Tribunal and the election of the Presidents of Chambers,

HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:

Article 1

The Rules of Procedure of the European Union Civil Service Tribunal [2] are hereby amended as follows:

Article 6(3) shall be replaced by the following:

"The elections provided for in this Article shall be by secret ballot. The Judge obtaining the votes of more than half the Judges composing the Tribunal shall be elected. If no Judge obtains that majority, further ballots shall be held until that majority is attained."

Article 2

This amendment to the Rules of Procedure, which is authentic in the languages referred to in Article 35(1) of the Rules of Procedure of the Court of First Instance of the European Communities, applicable to the Tribunal by virtue of Article 7(2) of Annex I to the Statute of the Court of Justice, shall be published in the Official Journal of the European Union and shall enter into force on the first day of the second month following its publication.

Done at Luxembourg, 14 January 2009.

[1] OJ L 333, 9.11.2004, p. 7.

[2] OJ L 225, 29.8.2007, p. 1.

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