2012年7月11日发布的欧盟公务员法庭司法常务官的指示
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32012Q0927(01)
OJ编号:OJ L 260, 27.9.2012, p. 1-5
中文标题:2012年7月11日发布的欧盟公务员法庭司法常务官的指示
原文标题:Instructions to the Registrar of the European Union Civil Service Tribunal of 11 July 2012
分类:01.40.50_法院
文件类型:二级立法
生效日期:2012-09-28
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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27.9.2012 Official
Journal
of
the
European
Union L
260/1
II
(Non-legislative acts)
RULES OF PROCEDURE
INSTRUCTIONS TO THE REGISTRAR OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
of 11 July 2012
THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL,
ON A PROPOSAL FROM THE PRESIDENT OF THE TRIBUNAL,
Having regard to the Rules of Procedure adopted on 25 July 2007, as subsequently amended, and in
particular Article 19(4) thereof,
HAS LAID DOWN THE FOLLOWING
INSTRUCTIONS TO THE REGISTRAR
Article 1
2. If
a
working
day
as
referred
to
in
the
preceding
paragraph
is a holiday for the officials and servants of the institution,
Interpretation
arrangements shall be made for a skeleton staff to be on duty
The definitions adopted in Article 1 of the Rules of Procedure
at the Registry during the hours in which it is normally open to
shall apply equally for the purposes of these Instructions.
the public.
3. The
Registry
shall
be
open
to
the
public
from
9.00
a.m.
to
Article 2
12 noon and from 2.30 p.m. to 4.30 p.m. The offices of the
Registry shall be closed to the public on Friday afternoons
The tasks of the Registrar
during the vacations provided for in Article 28 of the Rules
1. The
Registrar
shall
be
responsible
for
the
maintenance
of of Procedure.
the register of the Tribunal and the files of pending cases, for
the acceptance, transmission, service and custody of documents,
for correspondence with the parties and third parties in relation
4. The
offices
of
the
Registry
shall
be
open
only
to
the
to pending cases, and for the custody of the seals of the
lawyers and agents of the Member States and of the institutions
Tribunal. He shall ensure that registry charges are collected
of the Union or to persons duly authorised by them, and to
and that sums due to the Tribunal treasury are recovered. He
persons making an application for legal aid.
shall be responsible for the publications of the Tribunal.
5. When the Registry is closed, procedural documents may
be validly lodged with the janitor at the entrances to the Palais
2. In
carrying
out
the
duties
specified
above,
the
Registrar of the Court of Justice of the European Union, rue du Fort
may be assisted by an Assistant Registrar. In the absence of the
Niedergrünewald, or rue Charles Léon Hammes, Luxembourg,
Registrar or in the event of his being prevented from carrying
at any time of the day or night. The janitor shall make a record,
out those duties, they shall be performed, where appropriate, by
which shall constitute good evidence, of the date and time of
the Assistant Registrar who shall take the decisions reserved to
such lodgment and shall issue a receipt upon request.
the Registrar by the Rules of Procedure of the Tribunal or these
Instructions or delegated to him pursuant to these Instructions.
Article 4
The register
Article 3
1. Judgments and orders as well as all the procedural
Opening hours of the Registry
documents placed on the file in cases brought before the
Tribunal shall be entered in the register in the order in which
1. The
offices
of
the
Registry
shall
be
open
every
working they are lodged, with the exception of those drawn up for the
day. All days other than Saturdays, Sundays and the official
purposes of an amicable settlement within the meaning of
holidays on the list referred to in Article 100(2) of the Rules
Article 70 of the Rules of Procedure, as referred to in
of Procedure shall be working days.
Article 6(4) of these Instructions.
L 260/2
EN
Official Journal of the European Union
27.9.2012
2. A
note
of
the
registration,
including
the
registration proceedings concerned are special forms of procedure. An
number and the date of entry in the register, shall be made
action which is preceded by an application for legal aid in
by the Registrar on the original of every procedural document
connection therewith shall be given the same case number as
or on the version deemed to be the original of that document
the latter. Where the General Court of the European Union
in accordance with Article 3 of the decision of the Tribunal of
refers a case back to the Tribunal following an appeal, that
20 September 2011 on the lodging and service of procedural
case shall keep the number previously given to it when it was
documents by means of e-Curia (OJ 2011 C 289, p. 11) (‘the e-
before the Tribunal, followed by a reference to indicate the
Curia decision’), and, if a party so requests, on any copy
referral.
submitted for the purpose. The note made on the original of
the procedural document must be signed by the Registrar.
Article 6
3. Entries
in
the
register
and
the
notes
provided
for
in
the
The file and access to the file
preceding paragraph shall be authentic.
1. The
case-file
shall
contain
the
procedural
documents,
where applicable together with their annexes, bearing the note
4. Entries
in
the
register
shall
be
numbered
consecutively. referred to in Article 4(2) of these Instructions, with the
They shall contain the information necessary for identifying
exception of those whose acceptance is refused pursuant to
the procedural document, in particular the date of lodgment,
Article 8 of these Instructions, the decisions taken in the case,
the date of registration, the number of the case and the nature
including any decisions relating to refusal to accept documents,
of the document.
preparatory reports for the hearing, minutes of the hearing,
notices served by the Registrar and any other documents or
correspondence to be taken into consideration in deciding the
5. For the purposes of the application of the preceding para
case.
graph, the following dates shall be taken into account,
depending on the circumstances,
2. If in doubt the Registrar shall refer the question of the
placing of a procedural document on the case-file to the
— the date on which the procedural document was received by
President in order for a decision to be taken.
the Registrar or by a Registry official or employee,
3. The
documents
contained
in
the
file
shall
be
given
a
serial
— the date referred to in Article 3(5) above,
number.
— the date referred to in Article 5 of the e-Curia decision, or
4. By
way
of
derogation
from
paragraph
(1),
procedural
documents drawn up for the purposes of an amicable
— in the cases provided for in the first paragraph of Article 54
settlement within the meaning of Article 70 of the Rules of
of the Statute and Article 8(1) of Annex I to the Statute, the
Procedure (see Article 4(1) of these Instructions) shall be kept in
date on which the procedural document was lodged with
a separate part of the file.
the Registrar of the Court of Justice or with the Registrar of
the General Court of the European Union.
5. The
representatives
of
the
parties
to
a
case
before
the
Tribunal or persons duly authorised by them may inspect the
6. Where a correction is made to the register, a note to that
case-file, including administrative files produced before the
effect shall be made therein. The register kept in electronic form
Tribunal and procedural documents drawn up for the
shall be set up and maintained in such a way that no regis
purposes of an amicable settlement within the meaning of
tration can be deleted therefrom and that following any
Article 70 of the Rules of Procedure, at the Registry and may
amendment or rectification the original entry is preserved.
request copies or extracts of procedural documents and of the
register.
Article 5
The number in the list
6. The
representatives
of
parties
granted
leave
to
intervene
and the representatives of all the parties to joined cases shall
1. When
an
application
initiating
proceedings
is
registered, have the same right of access to case-files, subject to the
the case shall be given a serial number preceded by ‘F-’ and
provisions of Article 7 relating to the confidential treatment
followed by an indication of the year. Where Article 34(6) of
of certain information or documents on the file.
the Rules of Procedure applies, the indication of the year in the
number in the list shall correspond to the date deemed to be
the date of lodging of the document for the purposes of
7. The confidential and non-confidential versions of
compliance with the time-limits for taking steps in proceedings.
procedural documents shall be kept in separate sections of
the file. Access to the confidential section of the file shall be
confined to the parties in respect of whom no confidential
2. Applications for interim measures, applications for rectifi
treatment has been ordered.
cation or interpretation of judgments or orders, applications for
revision or initiating third-party proceedings, applications for
the taxation of costs and applications for legal aid relating to
8. A
procedural
document
which
is
produced
in
a
case
and
pending cases shall be given the same serial number as the
placed on the file of that case may not be taken into account
principal action, followed by a reference to indicate that the
for the purpose of preparing another case for hearing.
EN
27.9.2012 Official
Journal
of
the
European
Union L
260/3
9. At the close of the proceedings, the Registrar shall arrange
would preclude the proper administration of justice, and that
for the case-file to be closed and archived. The closed file shall
they are lodged in accordance with the relevant provisions of
contain a list of the procedural documents on the file (with the
the Practice Directions to parties.
exception of those drawn up for the purposes of an amicable
settlement within the meaning of Article 70 of the Rules of
Procedure), an indication of their number, and a cover page
5. Save in the cases expressly provided for by the Rules of
showing the case number in the list, the parties and the date
Procedure, the Registrar shall refuse to accept pleadings or
on which the file was closed.
procedural documents of the parties drawn up, even in part,
in a language other than the language of the case. However,
where duly justified, the Registrar may provisionally accept
Article 7
annexes in a language other than the language of the case. If
Confidential treatment
in doubt, or in the event of a challenge by the parties, the
Registrar shall refer the matter to the President in order for a
1. Without prejudice to Article 44 of the Rules of Procedure,
decision to be taken.
in respect of procedural documents which the parties intend to
produce on their own initiative or produce at the request of the
Tribunal, the parties shall indicate, where appropriate, the
6. Where
an
application
to
intervene
originating
from
a
third
existence of confidential information and shall lodge a version
party other than a Member State is not drawn up in the
of the document from which that information has been
language of the case, the Registrar shall require the application
omitted. In those circumstances, the party concerned shall
to be put in order before it is served on the parties. If a version
simultaneously transmit to the Tribunal the relevant
of such an application drawn up in the language of the case is
document in its entirety, to enable the Tribunal to check that
lodged within the period prescribed for this purpose by the
the information omitted is indeed confidential and that the
Registrar, the date on which the first version, not in the
omissions are not prejudicial to the other party’s right to a
language of the case, was lodged shall be taken as the date
fair hearing or to the proper administration of justice. Where
on which the document was lodged.
appropriate, the Tribunal shall request the production of an
amended version. The full version of the document in
7. If the party concerned fails to make good the irregularity
question shall be returned by the Tribunal after examination.
or challenges the request for regularisation, the Registrar shall
refer the matter to the President for a decision.
2. A
party
may
apply
pursuant
to
Article
109(5)
of
the
Rules
of Procedure for certain information on the case-file to be
treated as confidential in relation to an intervener or, where
Article 9
cases are joined in accordance with Article 46 of the Rules of
Presentation of originating applications
Procedure, in relation to another party in a joined case. Such an
application must be made in accordance with the provisions of
1. Where the Registrar
considers that an application
the Practice Directions to parties.
initiating proceedings is not in conformity with Article 35(1)
of the Rules of Procedure, he shall suspend service of the appli
cation in order that the Tribunal may give a decision on the
Article 8
admissibility of the action.
Non-acceptance of procedural documents and
regularisation
2. For the purposes of the production of the document
1. The
Registrar
shall
ensure
that
procedural
documents required by Article 35(5) of the Rules of Procedure certifying
placed on the file are in conformity with the provisions of
that the lawyer acting for a party or assisting the party’s agent is
the Statute, the Rules of Procedure, the Practice Directions to
authorised to practise before a court of a Member State or of
parties and these Instructions to the Registrar. If necessary, he
another State which is a party to the Agreement on the
shall allow the parties a period of time for making good any
European Economic Area, reference may be made to a
formal irregularities in the procedural documents lodged.
document previously lodged at the Registry of the Tribunal.
Service shall be suspended in the cases provided for by
In every case, the document to which reference may be made
Article 36 of the Rules of Procedure. Service may be
must have been drawn up not more than five years before the
suspended in the case of other formal irregularities.
date on which the application was lodged.
2. The
Registrar
shall
refuse
to
register
procedural
documents
Article 10
which are not provided for by the Rules of Procedure. If in
doubt, or in the event of a challenge by the parties, the
Service
Registrar shall refer the matter to the President in order for a
1. The
Registrar
shall
ensure
that,
where
the
Statute
or
the
decision to be taken.
Rules of Procedure provide for a document to be served, a
notice to be given or a communication to be made, the steps
3. Without
prejudice
to
Article
34(6)
of
the
Rules
of are carried out in accordance with Article 99 of the Rules of
Procedure and to the e-Curia decision, the Registrar shall
Procedure.
accept only documents bearing the original handwritten
signature of the party’s representative.
2. In
the
procedures
on
applications
for
interim
measures
referred to in Articles 102 to 108 of the Rules of Procedure,
4. The
Registrar
shall
ensure
that
the
volume
of
procedural the Registrar may send procedural documents by all appropriate
documents, including their annexes, does not exceed that which
means which urgency requires.
L 260/4
EN
Official Journal of the European Union
27.9.2012
Article 11
demanded from the parties ordered to pay the costs. If
necessary, steps shall be taken pursuant to Article 15(3) of
Setting and extension of time-limits
these Instructions.
1. The
Registrar
shall
prescribe
and
extend,
where
appro
priate, the time-limits provided for in the Rules of Procedure
Article 14
in accordance with the authority accorded to him by the
President.
Originals of judgments and orders
1. Originals of judgments and orders of the Tribunal shall be
2. Procedural documents received at the Registry after the
kept in chronological order in the archives of the Registry. A
period prescribed for their lodgment has expired may be
certified copy shall be placed on the case-file.
accepted only with the authorisation of the President.
2. At the parties’ request, the Registrar shall supply them
3. The
time-limits
provided
for
in
the
Rules
of
Procedure with additional certified copies of the original of a judgment
may be extended only in special circumstances. Any application
or of an order.
to that effect must be properly reasoned and must reach the
Registry in sufficient time in relation to the expiry of the time-
limit initially prescribed. A time-limit may not be extended
3.
A note of judgments or orders of the General Court of the
more than once save for exceptional reasons.
European Union on appeal, or of the Court of Justice in the
event of a review, shall be made in the margin of the judgment
Article 12
or order concerned and a certified copy annexed to the original
of the judgment or order appealed against.
Hearings and minutes of hearings
1. Before
every
public
hearing
the
Registrar
shall
draw
up
a
Article 15
cause list in the language of the case. The cause list shall contain
the date, hour and place of the hearing, the competent
Recovery of sums
formation of the Tribunal, an indication of the cases which
1. Where
sums
paid
out
by
way
of
legal
aid,
sums
advanced
will be called and the names of the parties.
to witnesses or experts, or sums payable by the parties pursuant
to Article 94 of the Rules of Procedure are recoverable by the
2. The cause list shall be displayed at the entrance to the
Tribunal’s treasury, the Registrar shall, by registered letter with a
courtroom.
form for acknowledgement of receipt, demand payment of
those sums from the party which is to bear them in accordance
3. The
Registrar
shall
draw
up
in
the
respective
language
of with the decision by which the proceedings have been closed.
each case the minutes of every hearing. Those minutes shall
contain an indication of the case, the date, hour and place of
2. Service
shall
then
be
deemed
to
have
been
effected
on
the
the hearing, if applicable an indication that the hearing was in
addressee by registered post on the 10th day following the
camera, the names of the Judges and the Registrar present, the
lodging of the registered letter at the post office of the place
names and capacities of the representatives of the parties
where the Tribunal has its seat, unless it is shown by the
present, the surnames, forenames, status and permanent
acknowledgement of receipt that the letter was received on a
addresses of applicants in person, if applicable, and of the
different date.
witnesses or experts examined, an indication of the evidence
or procedural documents produced at the hearing and, in so
far as is necessary, the statements made at the hearing and the
3. If
the
sums
demanded
are
not
paid
within
the
period
decisions pronounced at the hearing by the Tribunal or the
prescribed by the Registrar, he may request the Tribunal to
President. The minutes shall be sent to the parties.
make an enforceable decision and, if necessary, require its
enforcement.
Article 13
Article 16
Witnesses and experts
Registry charges
1. The
Registrar
shall
take
the
measures
necessary
for
giving
effect to orders requiring the taking of expert opinion or the
1. Where a copy of a procedural document or an extract
examination of witnesses.
from the case-file or from the register is supplied to a party
on paper at its request, the Registrar shall impose a Registry
2. The
Registrar
shall
obtain
from
witnesses
evidence
of
their charge of EUR 3,50 per page for a certified copy and EUR 2,50
expenses and loss of earnings and from experts a fee note
per page for an uncertified copy.
accounting for their expenses and services.
2. Where
the
Registrar
arranges
for
a
procedural
document
3. The
Registrar
shall
cause
sums
due
to
witnesses
and or an extract from the case-file to be translated at the request of
experts under the Rules of Procedure to be paid from the
a party, a Registry charge of EUR 1,25 per line shall be
Tribunal’s treasury. In the event of a dispute concerning such
imposed.
sums, the Registrar shall refer the matter to the President in
order for a decision to be taken.
3. The
charges
referred
to
in
this
Article
shall,
as
from
1 January 2008, be increased by 10% each time the weighted
4. The
Registrar
shall
arrange
for
the
costs
of
examining cost-of-living index published by the Government of the Grand
experts or witnesses advanced by the Tribunal in a case to be
Duchy of Luxembourg is increased by 10 %.
EN
27.9.2012 Official
Journal
of
the
European
Union L
260/5
Article 17
followed pursuant to the Rules of Procedure, the Practice
Directions to parties, these Instructions to the Registrar, the e-
Publication of documents and posting of documents on the
Curia decision and the e-Curia Conditions of Use in order to
Internet
ensure that proceedings are conducted efficiently.
1. The
Registrar
shall
be
responsible
for
the
publications
of
the Tribunal and for posting on the Internet documents relating
Article 19
to the Tribunal.
Derogations from these Instructions
2. The
Registrar
shall
cause
to
be
published
in
the Official
Where the special circumstances of a case and the proper
Journal of the European Union the decisions provided for by the
administration of justice require, the Tribunal or the President
Rules of Procedure and these Instructions, as well as notices of
may derogate from any of these Instructions.
proceedings brought and of decisions closing proceedings.
Article 20
3. The
Registrar
shall
ensure
that
the
case-law
of
the
Tribunal
is made public in accordance with any arrangements adopted by
Entry into force of these Instructions
the Tribunal.
1. These
Instructions
to
the
Registrar,
which
are
authentic
in
the languages referred to in Article 36(2) of the Rules of
Article 18
Procedure of the General Court of the European Union,
Advice for lawyers and agents
applicable to the Tribunal by virtue of Article 29 of its Rules
of Procedure, shall be published in the Official Journal of the
1. The
Registrar
shall
make
known
to
the
parties’
represen
European Union. They shall enter into force on the day
tatives the Practice Directions to parties and these Instructions
following their publication.
to the Registrar.
2. The
Instructions
to
the
Registrar
of
19
September
2007
2. When
requested
by
the
parties’
representatives,
the (OJ 2007 L 249, p. 3) are hereby repealed and replaced by these
Registrar shall provide them with information on the practice
Instructions to the Registrar.
Done at Luxembourg, 11 July 2012.
W. HAKENBERG
S. VAN RAEPENBUSCH
Registrar
President
27.9.2012 Official
Journal
of
the
European
Union L
260/1
II
(Non-legislative acts)
RULES OF PROCEDURE
INSTRUCTIONS TO THE REGISTRAR OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
of 11 July 2012
THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL,
ON A PROPOSAL FROM THE PRESIDENT OF THE TRIBUNAL,
Having regard to the Rules of Procedure adopted on 25 July 2007, as subsequently amended, and in
particular Article 19(4) thereof,
HAS LAID DOWN THE FOLLOWING
INSTRUCTIONS TO THE REGISTRAR
Article 1
2. If
a
working
day
as
referred
to
in
the
preceding
paragraph
is a holiday for the officials and servants of the institution,
Interpretation
arrangements shall be made for a skeleton staff to be on duty
The definitions adopted in Article 1 of the Rules of Procedure
at the Registry during the hours in which it is normally open to
shall apply equally for the purposes of these Instructions.
the public.
3. The
Registry
shall
be
open
to
the
public
from
9.00
a.m.
to
Article 2
12 noon and from 2.30 p.m. to 4.30 p.m. The offices of the
Registry shall be closed to the public on Friday afternoons
The tasks of the Registrar
during the vacations provided for in Article 28 of the Rules
1. The
Registrar
shall
be
responsible
for
the
maintenance
of of Procedure.
the register of the Tribunal and the files of pending cases, for
the acceptance, transmission, service and custody of documents,
for correspondence with the parties and third parties in relation
4. The
offices
of
the
Registry
shall
be
open
only
to
the
to pending cases, and for the custody of the seals of the
lawyers and agents of the Member States and of the institutions
Tribunal. He shall ensure that registry charges are collected
of the Union or to persons duly authorised by them, and to
and that sums due to the Tribunal treasury are recovered. He
persons making an application for legal aid.
shall be responsible for the publications of the Tribunal.
5. When the Registry is closed, procedural documents may
be validly lodged with the janitor at the entrances to the Palais
2. In
carrying
out
the
duties
specified
above,
the
Registrar of the Court of Justice of the European Union, rue du Fort
may be assisted by an Assistant Registrar. In the absence of the
Niedergrünewald, or rue Charles Léon Hammes, Luxembourg,
Registrar or in the event of his being prevented from carrying
at any time of the day or night. The janitor shall make a record,
out those duties, they shall be performed, where appropriate, by
which shall constitute good evidence, of the date and time of
the Assistant Registrar who shall take the decisions reserved to
such lodgment and shall issue a receipt upon request.
the Registrar by the Rules of Procedure of the Tribunal or these
Instructions or delegated to him pursuant to these Instructions.
Article 4
The register
Article 3
1. Judgments and orders as well as all the procedural
Opening hours of the Registry
documents placed on the file in cases brought before the
Tribunal shall be entered in the register in the order in which
1. The
offices
of
the
Registry
shall
be
open
every
working they are lodged, with the exception of those drawn up for the
day. All days other than Saturdays, Sundays and the official
purposes of an amicable settlement within the meaning of
holidays on the list referred to in Article 100(2) of the Rules
Article 70 of the Rules of Procedure, as referred to in
of Procedure shall be working days.
Article 6(4) of these Instructions.
L 260/2
EN
Official Journal of the European Union
27.9.2012
2. A
note
of
the
registration,
including
the
registration proceedings concerned are special forms of procedure. An
number and the date of entry in the register, shall be made
action which is preceded by an application for legal aid in
by the Registrar on the original of every procedural document
connection therewith shall be given the same case number as
or on the version deemed to be the original of that document
the latter. Where the General Court of the European Union
in accordance with Article 3 of the decision of the Tribunal of
refers a case back to the Tribunal following an appeal, that
20 September 2011 on the lodging and service of procedural
case shall keep the number previously given to it when it was
documents by means of e-Curia (OJ 2011 C 289, p. 11) (‘the e-
before the Tribunal, followed by a reference to indicate the
Curia decision’), and, if a party so requests, on any copy
referral.
submitted for the purpose. The note made on the original of
the procedural document must be signed by the Registrar.
Article 6
3. Entries
in
the
register
and
the
notes
provided
for
in
the
The file and access to the file
preceding paragraph shall be authentic.
1. The
case-file
shall
contain
the
procedural
documents,
where applicable together with their annexes, bearing the note
4. Entries
in
the
register
shall
be
numbered
consecutively. referred to in Article 4(2) of these Instructions, with the
They shall contain the information necessary for identifying
exception of those whose acceptance is refused pursuant to
the procedural document, in particular the date of lodgment,
Article 8 of these Instructions, the decisions taken in the case,
the date of registration, the number of the case and the nature
including any decisions relating to refusal to accept documents,
of the document.
preparatory reports for the hearing, minutes of the hearing,
notices served by the Registrar and any other documents or
correspondence to be taken into consideration in deciding the
5. For the purposes of the application of the preceding para
case.
graph, the following dates shall be taken into account,
depending on the circumstances,
2. If in doubt the Registrar shall refer the question of the
placing of a procedural document on the case-file to the
— the date on which the procedural document was received by
President in order for a decision to be taken.
the Registrar or by a Registry official or employee,
3. The
documents
contained
in
the
file
shall
be
given
a
serial
— the date referred to in Article 3(5) above,
number.
— the date referred to in Article 5 of the e-Curia decision, or
4. By
way
of
derogation
from
paragraph
(1),
procedural
documents drawn up for the purposes of an amicable
— in the cases provided for in the first paragraph of Article 54
settlement within the meaning of Article 70 of the Rules of
of the Statute and Article 8(1) of Annex I to the Statute, the
Procedure (see Article 4(1) of these Instructions) shall be kept in
date on which the procedural document was lodged with
a separate part of the file.
the Registrar of the Court of Justice or with the Registrar of
the General Court of the European Union.
5. The
representatives
of
the
parties
to
a
case
before
the
Tribunal or persons duly authorised by them may inspect the
6. Where a correction is made to the register, a note to that
case-file, including administrative files produced before the
effect shall be made therein. The register kept in electronic form
Tribunal and procedural documents drawn up for the
shall be set up and maintained in such a way that no regis
purposes of an amicable settlement within the meaning of
tration can be deleted therefrom and that following any
Article 70 of the Rules of Procedure, at the Registry and may
amendment or rectification the original entry is preserved.
request copies or extracts of procedural documents and of the
register.
Article 5
The number in the list
6. The
representatives
of
parties
granted
leave
to
intervene
and the representatives of all the parties to joined cases shall
1. When
an
application
initiating
proceedings
is
registered, have the same right of access to case-files, subject to the
the case shall be given a serial number preceded by ‘F-’ and
provisions of Article 7 relating to the confidential treatment
followed by an indication of the year. Where Article 34(6) of
of certain information or documents on the file.
the Rules of Procedure applies, the indication of the year in the
number in the list shall correspond to the date deemed to be
the date of lodging of the document for the purposes of
7. The confidential and non-confidential versions of
compliance with the time-limits for taking steps in proceedings.
procedural documents shall be kept in separate sections of
the file. Access to the confidential section of the file shall be
confined to the parties in respect of whom no confidential
2. Applications for interim measures, applications for rectifi
treatment has been ordered.
cation or interpretation of judgments or orders, applications for
revision or initiating third-party proceedings, applications for
the taxation of costs and applications for legal aid relating to
8. A
procedural
document
which
is
produced
in
a
case
and
pending cases shall be given the same serial number as the
placed on the file of that case may not be taken into account
principal action, followed by a reference to indicate that the
for the purpose of preparing another case for hearing.
EN
27.9.2012 Official
Journal
of
the
European
Union L
260/3
9. At the close of the proceedings, the Registrar shall arrange
would preclude the proper administration of justice, and that
for the case-file to be closed and archived. The closed file shall
they are lodged in accordance with the relevant provisions of
contain a list of the procedural documents on the file (with the
the Practice Directions to parties.
exception of those drawn up for the purposes of an amicable
settlement within the meaning of Article 70 of the Rules of
Procedure), an indication of their number, and a cover page
5. Save in the cases expressly provided for by the Rules of
showing the case number in the list, the parties and the date
Procedure, the Registrar shall refuse to accept pleadings or
on which the file was closed.
procedural documents of the parties drawn up, even in part,
in a language other than the language of the case. However,
where duly justified, the Registrar may provisionally accept
Article 7
annexes in a language other than the language of the case. If
Confidential treatment
in doubt, or in the event of a challenge by the parties, the
Registrar shall refer the matter to the President in order for a
1. Without prejudice to Article 44 of the Rules of Procedure,
decision to be taken.
in respect of procedural documents which the parties intend to
produce on their own initiative or produce at the request of the
Tribunal, the parties shall indicate, where appropriate, the
6. Where
an
application
to
intervene
originating
from
a
third
existence of confidential information and shall lodge a version
party other than a Member State is not drawn up in the
of the document from which that information has been
language of the case, the Registrar shall require the application
omitted. In those circumstances, the party concerned shall
to be put in order before it is served on the parties. If a version
simultaneously transmit to the Tribunal the relevant
of such an application drawn up in the language of the case is
document in its entirety, to enable the Tribunal to check that
lodged within the period prescribed for this purpose by the
the information omitted is indeed confidential and that the
Registrar, the date on which the first version, not in the
omissions are not prejudicial to the other party’s right to a
language of the case, was lodged shall be taken as the date
fair hearing or to the proper administration of justice. Where
on which the document was lodged.
appropriate, the Tribunal shall request the production of an
amended version. The full version of the document in
7. If the party concerned fails to make good the irregularity
question shall be returned by the Tribunal after examination.
or challenges the request for regularisation, the Registrar shall
refer the matter to the President for a decision.
2. A
party
may
apply
pursuant
to
Article
109(5)
of
the
Rules
of Procedure for certain information on the case-file to be
treated as confidential in relation to an intervener or, where
Article 9
cases are joined in accordance with Article 46 of the Rules of
Presentation of originating applications
Procedure, in relation to another party in a joined case. Such an
application must be made in accordance with the provisions of
1. Where the Registrar
considers that an application
the Practice Directions to parties.
initiating proceedings is not in conformity with Article 35(1)
of the Rules of Procedure, he shall suspend service of the appli
cation in order that the Tribunal may give a decision on the
Article 8
admissibility of the action.
Non-acceptance of procedural documents and
regularisation
2. For the purposes of the production of the document
1. The
Registrar
shall
ensure
that
procedural
documents required by Article 35(5) of the Rules of Procedure certifying
placed on the file are in conformity with the provisions of
that the lawyer acting for a party or assisting the party’s agent is
the Statute, the Rules of Procedure, the Practice Directions to
authorised to practise before a court of a Member State or of
parties and these Instructions to the Registrar. If necessary, he
another State which is a party to the Agreement on the
shall allow the parties a period of time for making good any
European Economic Area, reference may be made to a
formal irregularities in the procedural documents lodged.
document previously lodged at the Registry of the Tribunal.
Service shall be suspended in the cases provided for by
In every case, the document to which reference may be made
Article 36 of the Rules of Procedure. Service may be
must have been drawn up not more than five years before the
suspended in the case of other formal irregularities.
date on which the application was lodged.
2. The
Registrar
shall
refuse
to
register
procedural
documents
Article 10
which are not provided for by the Rules of Procedure. If in
doubt, or in the event of a challenge by the parties, the
Service
Registrar shall refer the matter to the President in order for a
1. The
Registrar
shall
ensure
that,
where
the
Statute
or
the
decision to be taken.
Rules of Procedure provide for a document to be served, a
notice to be given or a communication to be made, the steps
3. Without
prejudice
to
Article
34(6)
of
the
Rules
of are carried out in accordance with Article 99 of the Rules of
Procedure and to the e-Curia decision, the Registrar shall
Procedure.
accept only documents bearing the original handwritten
signature of the party’s representative.
2. In
the
procedures
on
applications
for
interim
measures
referred to in Articles 102 to 108 of the Rules of Procedure,
4. The
Registrar
shall
ensure
that
the
volume
of
procedural the Registrar may send procedural documents by all appropriate
documents, including their annexes, does not exceed that which
means which urgency requires.
L 260/4
EN
Official Journal of the European Union
27.9.2012
Article 11
demanded from the parties ordered to pay the costs. If
necessary, steps shall be taken pursuant to Article 15(3) of
Setting and extension of time-limits
these Instructions.
1. The
Registrar
shall
prescribe
and
extend,
where
appro
priate, the time-limits provided for in the Rules of Procedure
Article 14
in accordance with the authority accorded to him by the
President.
Originals of judgments and orders
1. Originals of judgments and orders of the Tribunal shall be
2. Procedural documents received at the Registry after the
kept in chronological order in the archives of the Registry. A
period prescribed for their lodgment has expired may be
certified copy shall be placed on the case-file.
accepted only with the authorisation of the President.
2. At the parties’ request, the Registrar shall supply them
3. The
time-limits
provided
for
in
the
Rules
of
Procedure with additional certified copies of the original of a judgment
may be extended only in special circumstances. Any application
or of an order.
to that effect must be properly reasoned and must reach the
Registry in sufficient time in relation to the expiry of the time-
limit initially prescribed. A time-limit may not be extended
3.
A note of judgments or orders of the General Court of the
more than once save for exceptional reasons.
European Union on appeal, or of the Court of Justice in the
event of a review, shall be made in the margin of the judgment
Article 12
or order concerned and a certified copy annexed to the original
of the judgment or order appealed against.
Hearings and minutes of hearings
1. Before
every
public
hearing
the
Registrar
shall
draw
up
a
Article 15
cause list in the language of the case. The cause list shall contain
the date, hour and place of the hearing, the competent
Recovery of sums
formation of the Tribunal, an indication of the cases which
1. Where
sums
paid
out
by
way
of
legal
aid,
sums
advanced
will be called and the names of the parties.
to witnesses or experts, or sums payable by the parties pursuant
to Article 94 of the Rules of Procedure are recoverable by the
2. The cause list shall be displayed at the entrance to the
Tribunal’s treasury, the Registrar shall, by registered letter with a
courtroom.
form for acknowledgement of receipt, demand payment of
those sums from the party which is to bear them in accordance
3. The
Registrar
shall
draw
up
in
the
respective
language
of with the decision by which the proceedings have been closed.
each case the minutes of every hearing. Those minutes shall
contain an indication of the case, the date, hour and place of
2. Service
shall
then
be
deemed
to
have
been
effected
on
the
the hearing, if applicable an indication that the hearing was in
addressee by registered post on the 10th day following the
camera, the names of the Judges and the Registrar present, the
lodging of the registered letter at the post office of the place
names and capacities of the representatives of the parties
where the Tribunal has its seat, unless it is shown by the
present, the surnames, forenames, status and permanent
acknowledgement of receipt that the letter was received on a
addresses of applicants in person, if applicable, and of the
different date.
witnesses or experts examined, an indication of the evidence
or procedural documents produced at the hearing and, in so
far as is necessary, the statements made at the hearing and the
3. If
the
sums
demanded
are
not
paid
within
the
period
decisions pronounced at the hearing by the Tribunal or the
prescribed by the Registrar, he may request the Tribunal to
President. The minutes shall be sent to the parties.
make an enforceable decision and, if necessary, require its
enforcement.
Article 13
Article 16
Witnesses and experts
Registry charges
1. The
Registrar
shall
take
the
measures
necessary
for
giving
effect to orders requiring the taking of expert opinion or the
1. Where a copy of a procedural document or an extract
examination of witnesses.
from the case-file or from the register is supplied to a party
on paper at its request, the Registrar shall impose a Registry
2. The
Registrar
shall
obtain
from
witnesses
evidence
of
their charge of EUR 3,50 per page for a certified copy and EUR 2,50
expenses and loss of earnings and from experts a fee note
per page for an uncertified copy.
accounting for their expenses and services.
2. Where
the
Registrar
arranges
for
a
procedural
document
3. The
Registrar
shall
cause
sums
due
to
witnesses
and or an extract from the case-file to be translated at the request of
experts under the Rules of Procedure to be paid from the
a party, a Registry charge of EUR 1,25 per line shall be
Tribunal’s treasury. In the event of a dispute concerning such
imposed.
sums, the Registrar shall refer the matter to the President in
order for a decision to be taken.
3. The
charges
referred
to
in
this
Article
shall,
as
from
1 January 2008, be increased by 10% each time the weighted
4. The
Registrar
shall
arrange
for
the
costs
of
examining cost-of-living index published by the Government of the Grand
experts or witnesses advanced by the Tribunal in a case to be
Duchy of Luxembourg is increased by 10 %.
EN
27.9.2012 Official
Journal
of
the
European
Union L
260/5
Article 17
followed pursuant to the Rules of Procedure, the Practice
Directions to parties, these Instructions to the Registrar, the e-
Publication of documents and posting of documents on the
Curia decision and the e-Curia Conditions of Use in order to
Internet
ensure that proceedings are conducted efficiently.
1. The
Registrar
shall
be
responsible
for
the
publications
of
the Tribunal and for posting on the Internet documents relating
Article 19
to the Tribunal.
Derogations from these Instructions
2. The
Registrar
shall
cause
to
be
published
in
the Official
Where the special circumstances of a case and the proper
Journal of the European Union the decisions provided for by the
administration of justice require, the Tribunal or the President
Rules of Procedure and these Instructions, as well as notices of
may derogate from any of these Instructions.
proceedings brought and of decisions closing proceedings.
Article 20
3. The
Registrar
shall
ensure
that
the
case-law
of
the
Tribunal
is made public in accordance with any arrangements adopted by
Entry into force of these Instructions
the Tribunal.
1. These
Instructions
to
the
Registrar,
which
are
authentic
in
the languages referred to in Article 36(2) of the Rules of
Article 18
Procedure of the General Court of the European Union,
Advice for lawyers and agents
applicable to the Tribunal by virtue of Article 29 of its Rules
of Procedure, shall be published in the Official Journal of the
1. The
Registrar
shall
make
known
to
the
parties’
represen
European Union. They shall enter into force on the day
tatives the Practice Directions to parties and these Instructions
following their publication.
to the Registrar.
2. The
Instructions
to
the
Registrar
of
19
September
2007
2. When
requested
by
the
parties’
representatives,
the (OJ 2007 L 249, p. 3) are hereby repealed and replaced by these
Registrar shall provide them with information on the practice
Instructions to the Registrar.
Done at Luxembourg, 11 July 2012.
W. HAKENBERG
S. VAN RAEPENBUSCH
Registrar
President
Document Outline
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