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

THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL,

Having regard to the Treaty on the Functioning of the European Union, and in particular the fifth paragraph of Article 257 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community and Protocol No 2 annexed to the Treaty of Lisbon amending the Treaty establishing the European Atomic Energy Community,

Having regard to the Protocol on the Statute of the Court of Justice of the European Union, and in particular Article 62c thereof and Article 7(1) of Annex I thereto,

Whereas the necessary amendments should be made to its Rules of Procedure following the entry into force of the Treaty of Lisbon,

With the agreement of the Court of Justice,

With the Council's approval given on 8 March 2010,

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE:

Article 1

The Rules of Procedure of the European Union Civil Service Tribunal of 25 July 2007 [1], amended on 14 January 2009 [2], are hereby amended as follows:

1. Article 1 shall be amended as follows:

(a) the first indent of paragraph 1 shall be replaced by the following:

- "— provisions of the Treaty on the Functioning of the European Union are referred to by the number of the article concerned followed by "TFEU";";

(b) the second indent of paragraph 1 shall be replaced by the following:

- "— provisions of the Treaty establishing the European Atomic Energy Community are referred to by the number of the article followed by "TEAEC";";

(c) the third indent of paragraph 1 shall be replaced by the following:

- "— "Statute" means the Protocol on the Statute of the Court of Justice of the European Union;";

(d) in the fourth indent of paragraph 1, the words "of the European Communities" shall be replaced by "of the European Union";

(e) the third indent of paragraph 2 shall be replaced by the following:

- "— "institution" or "institutions" means the institutions of the Union and the bodies, offices and agencies established by the Treaties, or by an act adopted in implementation thereof, and which may be parties before the Tribunal.".

2. In the Rules, the words "Court of First Instance" shall be replaced by "General Court".

3. In the Rules, the words "Statute of the Court of Justice" shall be replaced by "Statute".

4. In Article 3(1), the words "of the European Communities" shall be deleted.

5. In Article 29, the words "the sixth paragraph of Article 257 TFEU," shall be inserted between the words "By virtue of" and "Article 64".

6. In the heading of Article 40, the word "Commission" shall be replaced by "European Commission".

7. Article 40 shall be amended as follows:

(a) the word "Commission" shall be replaced by "European Commission";

(b) the words "Article 241 of the EC Treaty or Article 156 of the EAEC Treaty" shall be replaced by "Article 277 TFEU".

8. In Article 44(3), the words "a Community institution" shall be replaced by "an institution".

9. In Article 61(4), the words "Articles 244 and 256 of the EC Treaty and Articles 159 and 164 of the EAEC Treaty" shall be replaced by "Articles 280 TFEU and 299 TFEU and Article 164 TEAEC".

10. In Article 100(1), the words "the EC and EAEC Treaties" shall be replaced by "the Treaties".

11. Article 102 shall be amended as follows:

(a) in the first subparagraph of paragraph 1, the words "Article 242 of the EC Treaty and Article 157 of the EAEC Treaty" shall be replaced by "Article 278 TFEU and Article 157 TEAEC";

(b) in the second subparagraph of paragraph 1, the words "Article 243 of the EC Treaty and Article 158 of the EAEC Treaty" shall be replaced by "Article 279 TFEU".

12. In the first paragraph of Article 108, the words "Articles 244 and 256 of the EC Treaty and Articles 159 and 164 of the EAEC Treaty" shall be replaced by "Articles 280 TFEU and 299 TFEU and Article 164 TEAEC".

13. In the first subparagraph of Article 118(1), the words "of the Communities" shall be deleted.

Article 2

These amendments to the Rules of Procedure, which are authentic in the languages referred to in Article 35(1) of the Rules of Procedure of the General Court within the meaning of Article 19(1) of the Treaty on European Union, rules which are applicable to the Civil Service Tribunal by virtue of Article 7(2) of Annex I to the Statute of the Court of Justice of the European Union, shall be published in the Official Journal of the European Union and shall enter into force on the day of their publication.

Done at Luxembourg, on 17 March 2010.

[1] OJ L 225, 29.8.2007, p. 1, with corrigendum OJ L 69, 13.3.2008, p. 37.

[2] OJ L 24, 28.1.2009, p. 10.

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