Amendments to the practice directions

relating to direct actions and appeals

THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES,

Pursuant to Article 125a of its Rules of Procedure,

Whereas:

(1) With the aim of making hearings as effective as possible, the Court has decided to make some amendments to the organisation and conduct of those hearings.

(2) The first of those amendments is to make general an existing practice consisting, in particular, in requesting the parties, when they are notified of the hearing, to answer certain questions, to define their position on specific issues in their oral submissions or to concentrate those submissions on certain aspects of the case which seem to be particularly important for the Court’s decision.

(3) The second of those amendments is to give, in the conduct of the hearing, more time and greater priority to the exchanges of questions and answers between the members of the Court and Counsel, which makes it possible for the duration of the oral submissions themselves to be fixed at 20 minutes per party for hearings before the full Court, the Grand Chamber and Chambers of five judges and 15 minutes before Chambers of three judges.

(4) The Practice Directions must as a result be adapted and some email addresses contained therein must be updated.

HEREBY ADOPTS THE FOLLOWING AMENDMENTS TO THE PRACTICE DIRECTIONS OF 15 OCTOBER 2004 [1]:

1. In the second indent of point 1, the address ecj.registry@curia.eu.int is replaced by the address "ecj.registry@curia.europa.eu".

2. Points 49 to 51 are replaced by the following text:

"49. The notification of the hearing informs the parties of any measures of organisation of the hearing decided upon by the Court. Those measures may consist, in particular, in requesting the parties to answer certain questions at the hearing, to define their position at the hearing on specific issues, to concentrate their oral submissions on certain aspects of the case or specific points or in requesting parties upholding the same view to consult each other for the purposes of the hearing.

Before the hearing begins the agents or lawyers are called to a short meeting with the relevant formation of the Court about the organisation of the hearing. At that meeting the Judge-Rapporteur and the Advocate-General may provide information on the matters they particularly wish to hear developed in the oral submissions.

50. The hearing generally has three parts: oral submissions, questions from the members of the Court and replies.

In the light of the knowledge which the Court already has of the documents lodged during the written procedure, the aim of oral submissions is to highlight or elaborate on the issues which Counsel considers to be particularly important for the Court’s decision. Oral submissions should avoid reiterating what has already been put forward in the written procedure. It is normally not necessary to recite the factual or legal background to the case.

Oral submissions should begin by outlining the plan to be followed.

The answers to any questions put in advance by the Court and to be answered at the hearing must be given during those oral submissions.

Where the Court has requested the participants in the hearing to concentrate their oral submissions on certain specified points, Counsel should not deal with other aspects of the case, unless they consider them to be particularly important for the Court’s decision.

As far as possible, Counsel who uphold similar arguments should not expound again arguments already made at the same hearing.

As regards the duration of oral submissions see point 51 below.

Questions from the members of the Court are normally designed to enable Counsel, in the light both of their oral submissions and of the documents lodged during the written procedure, to clarify or elaborate upon certain issues.

Replies are designed to enable Counsel to react succinctly, and only if they consider it to be necessary, to observations made during the hearing. A reply must be confined to responding to those observations and must not go any further.

51. Oral submissions are limited to 20 minutes maximum for hearings before the full Court, the Grand Chamber or a Chamber of five judges and to 15 minutes Maximum for hearings before a Chamber of three judges. Before any formation an intervener’s submissions are limited to 15 minutes maximum.

Speaking time may exceptionally be extended on submission of an application together with a detailed statement of reasons. Such an application must reach the Court at the latest two weeks before the date of the hearing.

The notification of the hearing requests the agents and lawyers to inform the Registry of the likely duration of their oral submissions. The information supplied is used in the planning of the business of the Court, and it is not possible to exceed the speaking time indicated."

3. In the second paragraph of point 52, after the words: "fax (352) 43 03 36 97" the words "or e-mail: interpret@curia.europa.eu" are added.

The amendment under point 2 is applicable to hearings notified as from 1 February 2009.

Done at Luxembourg, 27 January 2009.

[1] OJ L 361, 8.12.2004, p. 15.

--------------------------------------------------