31974Q1228(02)

SUPPLEMENTARY RULES

>PIC FILE= "T0004792">

THE COURT,

Having regard to Article 111 of the Rules of Procedure;

Having regard to Article 142 (4) of the Act concerning the conditions of accession annexed to the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community and to the Decision concerning the accession of new Member States to the European Coal and Steel Community;

Having regard to the unanimous approval of the Council of the European Communities given on 26 November 1974,

HAS ADOPTED THE FOLLOWING SUPPLEMENTARY RULES:

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 adressed.

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.

Done at Luxembourg, 4 December 1974.

ANNEX I

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

Ireland

The Minister for Justice

Italy

The Minister of Justice

Luxembourg

The Minister of Justice

Netherlands

The Minister of Justice

United Kingdom

The Secretary of State

ANNEX II

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

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

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

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.