HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
31.10.2012 Official
Journal
of
the
European
Union L
303/83
REGULATION (EU, EURATOM) No 979/2012 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of 25 October 2012
relating to temporary Judges of the European Union Civil Service Tribunal
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
would call upon one of the temporary Judges named on
EUROPEAN UNION,
the list adopted by the Council in the order laid down in
that list to perform his duties.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 257 thereof,
(4)
The method of remuneration of temporary Judges should
also be provided for, as should the question of the effects
Having regard to the Treaty establishing the European Atomic
of their duties and of that remuneration on the
Energy Community, and in particular Article 106a thereof,
emoluments to which they are entitled as former
members of the Court of Justice of the European Union.
Having regard to Protocol No 3 on the Statute of the Court of
Justice of the European Union, and in particular Article 62c
thereof and Article 2(2) of Annex I thereto,
(5) Finally,
it
is
important
to
make
provision
for
the
cessation of temporary Judges’ duties,
Having regard to the request of the Court of Justice,
HAVE ADOPTED THIS REGULATION:
Having regard to the opinion of the European Commission,
Article 1
After transmission of the draft legislative act to the national
parliaments,
1. On a proposal from the President of the Court of Justice,
the Council, acting unanimously, shall draw up a list of three
persons appointed as temporary Judges within the meaning of
Acting in accordance with the ordinary legislative procedure ( 1 ),
the second paragraph of Article 62c of the Statute. That list
shall determine the order in which temporary Judges are to be
Whereas:
called upon to perform their duties, in line with the second
subparagraph of paragraph 2 of this Article.
(1)
It is necessary, in accordance with the second paragraph
of Article 62c of Protocol No 3 on the Statute of the
Court of Justice of the European Union (the Statute) and
Temporary Judges shall be chosen from among former
Article 2(2) of Annex I thereto, to lay down the
members of the Court of Justice of the European Union who
conditions under which temporary Judges are to be
are able to place themselves at the disposal of the Civil Service
appointed to the European Union Civil Service Tribunal
Tribunal.
(the Civil Service Tribunal), their rights and duties, the
detailed rules governing the performance of their duties
Temporary Judges shall be appointed for a period of four years
and the circumstances in which they would cease to
and may be reappointed.
perform those duties.
(2) Temporary
Judges
should
be
chosen
from
among 2. The
Civil
Service
Tribunal
may
decide
to
avail
itself
of
the
persons who are capable of performing immediately
assistance of a temporary Judge if it determines that a Judge is
the duties of Judge at the Civil Service Tribunal. The
or will be prevented, on medical grounds, from participating in
appointment of former members of the Court of
the disposal of cases and that the situation will be or is likely to
Justice, of the General Court or of the Civil Service
be of at least three months’ duration, and if it takes the view
Tribunal could ensure that those requirements are met.
that that Judge is nevertheless not suffering from disablement
deemed to be total.
(3) In
view
of
the
circumstances
in
which
temporary
Judges
would be appointed, the process should have the
Pursuant to the decision referred to in the first subparagraph,
requisite flexibility. To that end, the Council should be
the President of the Civil Service Tribunal shall call upon a
responsible for drawing up a list of three persons
temporary Judge in the order laid down in the list provided
appointed as temporary Judges. Should it become
for in the first subparagraph of paragraph 1 to perform the
necessary to replace, on a temporary basis, a Judge
duties of a temporary Judge. He shall inform the President of
who, on medical grounds, is prevented from acting, the
the Court of Justice accordingly.
Civil Service Tribunal would take the decision to avail
itself of the assistance of a temporary Judge. Pursuant to
that decision, the President of the Civil Service Tribunal
Where a Judge will foreseeably be prevented from acting and
the Civil Service Tribunal takes a prospective decision, the
temporary Judge may not take up his duties or participate in
( 1 ) Position of the European Parliament of 5 July 2012 (not yet
published in the Official Journal) and decision of the Council of
the disposal of cases until the Judge whom he is to replace is
4 October 2012.
actually prevented from acting.

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L 303/84
EN
Official Journal of the European Union
31.10.2012
3. Articles 2 to 6 and 18 of the Statute shall apply to
Temporary Judges shall not be entitled, in that capacity, to a
temporary Judges. The oath provided for by Article 2 of the
transitional allowance or pension under Articles 7 and 8 of
Statute shall be taken when the temporary Judge first takes up
Regulation No 422/67/EEC, No 5/67/Euratom.
his duties.
Article 19 of Regulation No 422/67/EEC, No 5/67/Euratom
Article 2
shall apply to the remuneration provided for in the first
subparagraph of paragraph 1 of this Article.
Temporary Judges who are called upon to perform their duties
shall exercise the prerogatives of a Judge solely in the context of
Temporary Judges shall not be entitled, in that capacity, to
dealing with cases assigned to them.
benefit under the social security scheme provided for in the
Staff Regulations of Officials of the European Union.
They shall be assisted by the services of the Civil Service
Performance of the duties of temporary Judge shall not be
Tribunal.
treated as gainful employment or occupation for the purposes
of Article 11 of Regulation No 422/67/EEC, No 5/67/Euratom.
Article 3
3. The
remuneration
provided
for
in
the
first
subparagraph
1. Temporary
Judges
shall
receive
remuneration
of
an of paragraph 1 shall be subject to the tax provided for by
amount equal to one-thirtieth of the basic monthly salary
Council Regulation (EEC, Euratom, ECSC) No 260/68 of
allocated to Judges under Article 21c(2) of Regulation No
29 February 1968 laying down the conditions and procedure
422/67/EEC, No 5/67/Euratom of the Council of 25 July
for applying the tax for the benefit of the European Commu
1967 determining the emoluments of the President and
nities ( 2 ).
Members of the Commission, of the President, Judges,
Article 4
Advocates-General and Registrar of the Court of Justice, of
the President, Members and Registrar of the General Court
A temporary Judge’s name shall be removed from the list
and of the President, Members and Registrar of the European
provided for in the first subparagraph of Article 1(1) on his
Union Civil Service Tribunal ( 1 ) for each day, duly recorded by
death or resignation, or by decision to deprive him of his office
the President of the Civil Service Tribunal, during which they
as provided for in the first and second paragraphs of Article 6
perform their duties.
of the Statute.
Points (a) and (b) of Article 6 of Regulation No 422/67/EEC,
Any temporary Judge whose name is removed from the list
No 5/67/Euratom shall apply to temporary Judges who are
provided for in the first subparagraph of Article 1(1) shall be
required to travel away from their place of residence in order
replaced, in accordance with the procedure under that
to perform their duties.
provision, for the remainder of the period of validity of the list.
Article 5
2. The
amount
by
which
the
remuneration
provided
for
in
the first subparagraph of paragraph 1 together with the pension
The duties of a temporary Judge shall end when the Judge
provided for in Article 8 of Regulation No 422/67/EEC,
whom he has replaced is no longer prevented from acting.
No 5/67/Euratom exceeds the remuneration, before deduction
However, the temporary Judge shall continue to perform his
of taxes, which the temporary Judge received as a member of
duties until the cases assigned to him have been disposed of.
the Court of Justice of the European Union shall be deducted
Article 6
from that pension. The remuneration provided for in the first
subparagraph of paragraph 1 shall also be taken into account
This Regulation shall enter into force on the first day of the
for the purposes of the application of Article 7(3) of that
month following that of its publication in the Official Journal of
Regulation.
the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 25 October 2012.
For the European Parliament
For the Council
The President
The President
Martin SCHULZ
A. D. MAVROYIANNIS
( 1 ) OJ 187, 8.8.1967, p. 1.
( 2 ) OJ L 56, 4.3.1968, p. 8.

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Document Outline

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