Amendment to the Rules of Procedure of the Court of Justice

THE COURT,

Having regard to the Treaty establishing the European Community, and in particular the sixth paragraph of Article 223 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the sixth paragraph of Article 139 thereof,

Whereas it is necessary to clarify the number of ballots that may be held for the election of the President of the Court of Justice and the election of the Presidents of Chambers,

With the Council’s approval given on 27 November 2008,

HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:

Article 1

The Rules of Procedure of the Court of Justice of the European Communities [1] are hereby amended as follows:

Article 7(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 Court 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 29(1) of these Rules, 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, 13 January 2009.

[1] OJ L 176, 4.7.1991, p. 7.

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