Amendments to the Rules of Procedure of the Court of First Instance of the European Communities

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the fifth paragraph of Article 224 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the fifth paragraph of Article 140 thereof,

Having regard to Article 63 of the Protocol on the Statute of the Court of Justice,

Having regard to the agreement of the Court of Justice,

Having regard to the approval of the Council given on 15 June 2009,

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE:

Article 1

The Rules of Procedure of the Court of First Instance of the European Communities of 2 May 1991 (OJ L 136 of 30 May 1991, p. 1, with corrigendum OJ L 317 of 19 November 1991, p. 34), amended on 15 September 1994 (OJ L 249 of 24 September 1994, p. 17), 17 February 1995 (OJ L 44 of 28 February 1995, p. 64), 6 July 1995 (OJ L 172 of 22 July 1995, p. 3), 12 March 1997 (OJ L 103 of 19 April 1997, p. 6, with corrigendum OJ L 351 of 23 December 1997, p. 72), 17 May 1999 (OJ L 135 of 29 May 1999, p. 92), 6 December 2000 (OJ L 322 of 19 December 2000, p. 4), 21 May 2003 (OJ L 147 of 14 June 2003, p. 22), 19 April 2004 (OJ L 132 of 29 April 2004, p. 3), 21 April 2004 (OJ L 127 of 29 April 2004, p. 108), 12 October 2005 (OJ L 298 of 15 November 2005, p. 1), 18 December 2006 (OJ L 386 of 29 December 2006, p. 45), 12 June 2008 (OJ L 179 of 8 July 2008, p. 12), 14 January 2009 (OJ L 24 of 28 January 2009, p. 9) and 16 February 2009 (OJ L 60 of 4 March 2009, p. 3), are hereby amended as follows:

1. After Article 121, there shall be inserted the following:

"CHAPTER 4a

DECISIONS OF THE COURT OF FIRST INSTANCE GIVEN AFTER ITS DECISION HAS BEEN REVIEWED AND THE CASE REFERRED BACK TO IT

Article 121a

Where the Court of Justice reviews a judgment or an order of the Court of First Instance and refers the case back to that Court, the latter shall be seised of the case by the judgment so referring it.

Article 121b

1. Where the Court of Justice refers back to the Court of First Instance a case which was originally heard by a Chamber, the President of the Court of First Instance may assign the case to another Chamber composed of the same number of Judges.

2. Where the Court of Justice refers back to the Court of First Instance a case which was originally heard by the Court of First Instance sitting in plenary session or by the Grand Chamber, the case shall be assigned to that Court or that Chamber as the case may be.

3. In the cases provided for in paragraphs 1 and 2 of this Article, Articles 13(2), 14(1) and 51(1) shall apply.

Article 121c

1. Within one month of the service of the judgment of the Court of Justice, the parties to the proceedings before the Court of First Instance may lodge their observations on the conclusions to be drawn from that judgment for the outcome of the proceedings. This time-limit may not be extended.

2. The Court of First Instance may, by way of measures of organisation of procedure, invite the parties to the proceedings before it to lodge written submissions and may decide to hear the parties in an oral procedure.

Article 121d

The Court of First Instance shall decide on the costs relating to the proceedings instituted before it following the review of its decision by the Court of Justice."

2. In Article 134(1), the following text shall be added to the sentence after the words "Court of First Instance": "by responding to the application in the manner and within the period prescribed."

New wording:

"Article 134

1. The parties to the proceedings before the Board of Appeal other than the applicant may participate, as interveners, in the proceedings before the Court of First Instance by responding to the application in the manner and within the period prescribed."

3. In Article 135(1), the words "the interveners referred to in Article 134(1) may submit" shall be deleted and replaced by the words "the parties to the proceedings before the Board of Appeal other than the applicant shall lodge their".

New wording:

"Article 135

1. The Office and the parties to the proceedings before the Board of Appeal other than the applicant shall lodge their responses to the application within a period of two months from the service of the application.

Article 46 shall apply to the responses."

Article 2

These amendments to the Rules of Procedure, which are authentic in the languages referred to in Article 35(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 their publication.

Done at Luxembourg, 7 July 2009.

E. Coulon

Registrar

M. Jaeger

President

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