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EN
Official Journal of the European Union
27.9.2012
PRACTICE DIRECTIONS TO PARTIES ON JUDICIAL PROCEEDINGS BEFORE THE EUROPEAN
UNION CIVIL SERVICE TRIBUNAL
of 11 July 2012
Table of Contents
I. INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
II. GENERAL PROVISIONS RELATING TO THE LODGING AND SERVICE OF PROCEDURAL DOCUMENTS 7
A. Electronic transmission by means of e-Curia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
B. Transmission in paper format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
III. WRITTEN PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
1. Lodging the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
2. Mandatory information and rules on presentation of the application . . . . . . . . . . . . . . . . . . . . . . . . .
8
3. Putting the application in order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
4. Interim measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
B. Defence and other procedural documents relating to the written procedure . . . . . . . . . . . . . . . . . . . . . . 10
C. Sending an original paper document preceded by a fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
D. Applications for confidential treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
E. Applications for legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
IV. ORAL PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
A. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
B. Preparation for the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Conduct of the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
D. Specific features of simultaneous interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
E. Amicable settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
F. End of the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
V. ENTRY INTO FORCE OF THESE DIRECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL,
it is in the interests of the parties to proceedings before the Civil
Service Tribunal that the Tribunal provide concise responses to
matters on which the parties’ representatives wish to be better
having regard to Article 120 of its Rules of Procedure;
informed, and provide guidance to enable them to draft their
procedural documents appropriately;
Whereas:
it is in the interests of the efficient conduct of proceedings
before the Civil Service Tribunal that practice directions be
it is in the interests of the proper administration of justice that
given to persons concerned regarding the submission of appli
practice directions be issued to the parties’ representatives,
cations for legal aid and the conduct of the oral procedure;
dealing with the manner in which procedural documents are
to be submitted so as to ensure the efficient conduct of the
hearing;
HEREBY DECIDES TO ADOPT THE FOLLOWING PRACTICE DIREC
TIONS:
compliance with these directions reduces the number of
requests for regularisation and the risk of inadmissibility as a
result of failure to comply with the rules as to form;
I. INTERPRETATION
1. The definitions adopted in Article 1 of the Rules of
proceedings before the Civil Service Tribunal are subject to
Procedure shall apply equally for the purposes of these
language arrangements appropriate to a multilingual Union;
Practice Directions.

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II. GENERAL PROVISIONS RELATING TO THE LODGING AND
original paper document is received at the Tribunal
SERVICE OF PROCEDURAL DOCUMENTS
within 10 days of dispatch of the fax (see point 36
et seq. of these Practice Directions);
2. The lodging and service (transmission) of procedural
documents between the parties and the Tribunal may be
effected:
(b) service of the procedural documents of the other parties
as well as of the decisions of the Tribunal and of all
correspondence between the Registry and the parties by
— by exclusively electronic means using the e-Curia appli
the preferred method of service: by registered post with
cation, or
a form for acknowledgement of receipt (in which case
service shall be deemed to have been effected by the
lodging of the registered letter at the post office in
— by dispatch in paper format.
Luxembourg), by fax or by e-Curia.
A. Electronic transmission by means of e-Curia
III. WRITTEN PROCEDURE
3. Electronic transmission by means of e-Curia is characterised
A. Application
by:
1. Lodging the application
(a) the creation of a personal access account to which a
5. Every application shall be addressed to the Registry of the
party’s representative may have access using a username
Tribunal. It must comply with the provisions of Article 34
and secure password;
of the Rules of Procedure.
(b) the fact that no procedural documents or annexes
6. The information to be included in the application and the
thereto are sent by the parties in paper format; a
documents required to be annexed to it are listed in
document shall be deemed to be the original if it is
Article 35(1), (2), (3) and (5) of the Rules of Procedure.
received at the Tribunal by means of e-Curia, and there
is no need for it to bear the representative’s hand
written signature or for certified copies to be sent;
7. Article 35(5) and the third subparagraph of Article 39(1) of
the Rules of Procedure concern the certificate required to
be lodged at the Registry by the applicant’s lawyer and by
(c) service of the procedural documents of the other parties
any lawyer who may be assisting the defendant’s agent. It
as well as of the decisions of the Tribunal and of all
should be noted that the principle of compulsory represen
other correspondence by means of e-Curia; service shall
tation before the Tribunal is laid down by Article 19 of the
be effected upon access to the document being
Statute. With the exception of the Member States, other
obtained via the e-Curia application, failing which, it
States which are parties to the EEA Agreement (Norway,
shall be deemed to have been effected on the expiry
Iceland and Liechtenstein) and the institutions of the
of the seventh day following the day on which the
European Union, which are represented by their agents,
notification email was sent;
the parties must therefore be represented by a lawyer auth
orised to practise before a court of a Member State or of
another State party to the EEA Agreement. However, the
(d) the fact that the applicable legislation is defined in: the
obligation to be represented by a lawyer does not apply to
decision of the Civil Service Tribunal, adopted in
the procedure for obtaining legal aid (see, in that regard,
accordance with Article 34(7) of the Rules of
Chapter E of Title III of these Practice Directions).
Procedure, of 20 September 2011 (OJ 2011 C 289,
p. 11) on the lodging and service of procedural
documents by means of e-Curia; the Conditions of
8. In addition, although no written instructions from the
Use of e-Curia; and the e-Curia User Manual, which
applicant to the lawyer representing him are required on
also explains how to proceed in the case of an
lodging the application, any change in the number or
assistant (all those documents are available on the
identity of lawyer(s) (e.g. replacement of one lawyer by
website www.curia.europa.eu).
another, presence of an additional lawyer, withdrawal of
instructions from one of the lawyers who made the appli
cation) must be notified to the Registry in writing without
B. Transmission in paper format
delay. In the event of one lawyer being replaced by another,
written authorisation is required in respect of the new
4. Transmission in paper format entails:
lawyer.
(a) the need for all procedural documents and annexes
9. The applicant’s lawyer should state clearly on the first page
thereto to be lodged in paper format, duly signed by
of the application his address, the name of his chambers
the representative; each procedural document and any
or practice, where appropriate, his telephone and fax
annexes thereto must be accompanied by seven sets of
numbers and email address. Any subsequent changes in
certified copies; for the purposes of compliance with
that information must be notified to the Tribunal without
time-limits, copies sent by fax before the paper
delay. Under no circumstances can the applicant’s own
version is sent shall be taken into account if the
address be accepted as an address for service.

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10. An application lodged by means of e-Curia need not
summary of the case must satisfy certain requirements as
necessarily bear a handwritten signature. However, in the
to style which will be indicated on the relevant page of that
case of an application lodged in paper format, the hand
website.
written signature of the lawyer must be legible and appear
at the end of the application. The absence of a signature
17. An application made pursuant to Article 44(4) of the Rules
cannot be rectified. A copy, such as a stamp, facsimile
of Procedure for the name of the applicant or of other
signature, photocopy, etc. will not be accepted. In the
persons, or certain information, to be omitted from the
case of more than one representative, the signature of
publications relating to a case (anonymity), must be
one of them will be sufficient. The signature by proxy of
made by separate document and must state adequate
a person other than the applicant’s representative(s) will not
reasons.
be accepted, even where that signatory is a member of the
same chambers or practice as the representative(s).
18. If the application is lodged after the submission of an
application for legal aid (see Chapter E of Title III of
2. Mandatory information and rules on presentation of the
these Practice Directions), the effect of which, under
application
Article 97(4) of the Rules of Procedure, is to suspend the
period prescribed for the bringing of an action, this must
11. The language of the case shall be the language chosen for
be pointed out at the beginning of the application. If the
the drafting of the application, in accordance with
application is lodged after notification of the order making
Article 29 of the Rules of Procedure, which, in relation
a decision on an application for legal aid, reference must
to language arrangements, refers to Article 35 of the
equally be made in the application to the date on which the
Rules of Procedure of the General Court of the European
order was served on the applicant.
Union.
19. An application lodged by means of e-Curia shall be
12. In the interests both of the parties themselves and of the
submitted in the form of files. To assist the Registry in
proper administration of justice, procedural documents
handling the application, it is recommended that the
should be as concise as possible having regard to the
practical guidance given in the e-Curia User Manual (see
nature of the facts and complexity of the issues raised.
point 3(d) of these Practice Directions) be followed, viz:
Accordingly, an application should not, in principle,
exceed 30 pages (A4 format, font size 12 in a font
(a) files must include names identifying the document
equivalent to ‘Times New Roman’, 1.5 line spacing and
(Application, Annexes Part 1, Annexes Part 2,
margins of at least 2.5 cm), depending on the circum
Covering letter, etc.);
stances of the case. Authorisation to exceed those
maxima will be given only in cases involving particularly
complex legal or factual issues.
(b) the text of the application can be saved in PDF (image
and text) direct from the word-processing software,
without the need for digitisation.
13. The form of order sought must be precisely worded and
set out at the beginning or end of the application, and its
20. An application lodged in paper format must be submitted
heads of claim must be numbered.
in such a way as to enable it to be processed electronically
by the Tribunal, in particular by means of digitisation of
14. The paragraphs of the text must be numbered consecu
documents and character recognition. Accordingly, in
tively.
addition to the requirements set out in point 12 of these
Practice Directions, the following requirements must be
complied with:
15. In order to facilitate subsequent use of the application by
the Tribunal, it is necessary, where there are 10 or more
applicants, to append to the application a list of all their
(a) the text must be easily legible and appear on one side
names and addresses, produced using word-processing
of the page only (‘recto’, not ‘recto verso’);
software, which must be sent to the Registry by email to
tfp.greffe@curia.europa.eu at the same time as the appli
(b) documents must not be bound together or fixed to
cation, the case to which the list relates being clearly indi
each other by any other means (e.g. glued or stapled).
cated.
21. The pages of the application and annexes must in addition
16. An application must be accompanied by a summary of the
be numbered consecutively in the top right-hand corner,
dispute, designed to facilitate the drafting of the notice
including any annexes and page dividers.
prescribed by Article 37(2) of the Rules of Procedure,
which will be prepared by the Registry. It must be
22. In accordance with the second subparagraph of
produced separately from the annexes mentioned in the
Article 34(1) of the Rules of Procedure, the application
text of the application. That summary, to be contained in
and any annexes lodged in paper format must, in the
a document produced using word-processing software,
same way as other procedural documents, be submitted
should not be more than two pages long and must also
together with five paper copies for the Tribunal and a
be sent by email to tfp.greffe@curia.europa.eu, indicating
copy for every other party to the proceedings (thus
clearly the case to which it relates. In principle, the
normally seven paper copies). The first page of each set
summary will be available in its entirety on a special
of copies must be endorsed by the lawyer to the effect that
page on the website www.curia.europa.eu, to enable any
the copies are certified true copies of the original, and
person concerned to make enquiries. Accordingly, the
must bear his signature or initials.

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23. As regards the annexes, the parties should be rigorous in
3. Putting the application in order
their selection of documents relevant for the purposes of
the proceedings, in view of the material and linguistic
24. In order to give parties the opportunity to make good any
constraints on the Tribunal and the parties. In particular,
formal irregularities in an application, it is necessary, in
information to which the Tribunal has access (e.g. case-law
certain circumstances, to put the application in order.
of the Courts of the European Union cited in procedural
In accordance with Article 36 of the Rules of Procedure
documents) is not to be produced. The following formal
and Article 8(1) of the Instructions to the Registrar, the
requirements must be complied with:
Registrar will always require an application to be put in
order where any of the following has not been provided,
which could lead to the rejection of the application as
(a) annexes must be numbered and contain a reference to
being inadmissible:
the pleading to which they are attached (e.g. Annex
A.1, A.2 etc. in an application; Annex B.1, B.2 etc. in
— the name and address of the applicant (Article 35(1)(a)
a defence; Annex C.1, C.2 etc. in a reply; Annex D.1,
of the Rules of Procedure);
D.2 etc. in a rejoinder). In the case of more than three
annexes, they should preferably be lodged with page
dividers;
— the description and address of the lawyer representing
the applicant (Article 35(1)(b) of the Rules of
Procedure);
(b) annexes must be readily legible. An annex will not be
accepted if the print quality is inadequate;
— designation of the party against whom the application
is made (Article 35(1)(c) of the Rules of Procedure);
(c) annexes must be drawn up in the language of the case
or be accompanied by a translation. Annexes which do
— production of the act of which annulment is sought,
not satisfy those requirements cannot in principle be
the complaint for the purposes of Article 90(2) of the
accepted (see Article 29 of the Rules of Procedure
Staff Regulations of Officials of the European Union
which, in relation to language arrangements, refers to
(‘the Staff Regulations’) and the decision responding
Article 35(3) of the Rules of Procedure of the General
to the complaint, together with the dates on which
Court of the European Union). Under Article 8(5) of
the complaint was submitted and the decision notified
the Instructions to the Registrar, a derogation from that
(Article 35(2) of the Rules of Procedure). The applicant
rule is possible only where it is duly justified;
is required to provide a clear explanation of the reasons
for any failure to produce those documents (e.g. the fact
that the administration did not reply to the complaint
(d) annexes must be preceded by a schedule of annexes
within the period prescribed by the Staff Regulations);
containing, in respect of each document annexed, the
number (e.g. A.1), an indication of the nature of the
— production of a certificate of the lawyer’s authority to
document (e.g. ‘letter of … from X to Z’), the page
practise (Article 35(5) of the Rules of Procedure).
reference and paragraph number in the application
where the document is mentioned (e.g. ‘p. 7, para.
17’), the number of pages of the document, and the
25. Under Article 8(1) of the Instructions to the Registrar, a
page reference (within the consecutively numbered set
request for an application to be put in order may also be
of documents) for the first page of the particular
made, depending on the circumstances of the case, where
document annexed. An example of a schedule of
an application is not in conformity with these Practice
annexes is included in the model application available
Directions.
on the website www.curia.europa.eu;
26. The Registrar shall prescribe a period within which the
applicant is to put the application in order, in accordance
(e) annexes to an application lodged by means of e-Curia
with Article 36 of the Rules of Procedure.
must be contained in one or more files separate from
the file containing the application. One file may in
principle contain all the annexes. It is not desirable
27. In the cases referred to in point 24 above, the application
for there to be one file per annex;
will not be served on the defendant in its unaltered
state. Where the application is put in order within the
prescribed period, the procedure will take its normal
(f) annexes to an application lodged by means of e-Curia,
course. If the applicant fails to put the application in
mentioned in the body of that application, which by
order, the Tribunal shall decide whether the application is
their nature cannot be lodged by e-Curia, may be sent
admissible.
separately in paper format in accordance with
Article 34(1) of the Rules of Procedure, provided that
28. In the cases referred to in point 25 above, the Registrar
they are mentioned in the schedule of annexes to the
shall decide whether or not service should be
application lodged by e-Curia. The schedule of annexes
suspended. If the applicant fails to put the application in
must identify which annexes are to be lodged separ
order or challenges the request for regularisation, the
ately. Those annexes must reach the Registry no later
Registrar shall refer the matter to the President for a
than 10 days after the lodging of the application by e-
decision, in accordance with Article 8(7) of the Instructions
Curia.
to the Registrar.

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4. Interim measures
document is lodged (as allowed under Article 34(6) of the
Rules of Procedure).
29. An application to suspend the operation of the contested
measure and for other interim measures must be made in
accordance with the provisions of Article 102 of the Rules
In that case, the first page of the original document must
of Procedure.
be marked ‘Previously sent by fax on …’, so that
corresponding documents can be readily identified.
B. Defence and other procedural documents relating to
37. Under Article 34(6) of the Rules of Procedure, where a
the written procedure
procedural document includes annexes, the copy sent to
30. The guidance notes provided in Chapter A of this title in
the Tribunal by fax may comprise only the document itself
relation to applications shall apply mutatis mutandis to
and the schedule of annexes.
other procedural documents sent to the Tribunal.
38. The lodging of a pleading or a procedural document by fax
will be treated as complying with the relevant
31. The information required to be included in the defence is
procedural time-limit only if the signed original of that
set out in Article 39(1) of the Rules of Procedure. The
document reaches the Registry no more than 10 days after
authority given by the defendant institution to its agent(s)
such lodging, as specified in Article 34(6) of the Rules of
and/or to a lawyer in accordance with the first paragraph of
Procedure. It should be borne in mind that the extension
Article 19 of the Statute must be produced together with
on account of distance of 10 days provided for under
the defence, but separately from any annexes.
Article 100(3) of the Rules of Procedure does not apply
to that time-limit.
32. The number of pages of a defence is subject to the same
limit as an application, namely, in principle, 30 pages.
39. The signed original of any procedural document shall be
Other procedural documents must be less than 15
sent without delay, immediately after the dispatch by fax,
pages. The requirements set out in point 12 of these
without any corrections or amendments. In the event of
Practice Directions shall apply.
any discrepancy between the signed original and the copy
previously lodged, only the date on which the signed
33. The institutions shall attach systematically to the defence
original was lodged will be taken into consideration for
copies of any measures of general application referred to
the purposes of compliance with procedural time-limits.
in their observations which are not published in the Official
Journal of the European Union, unless copies of those
D. Applications for confidential treatment
measures have already been placed in the case-file.
40. Without prejudice to the provisions of Article 44(2) and (3)
of the Rules of Procedure, the Tribunal shall take into
34. In addition, the following information must appear on the
consideration only those documents which have been
first page of any procedural document:
made available to the parties’ representatives and on
which they have been given an opportunity of expressing
(a) the category of document (defence, reply, rejoinder,
their views (Article 44(1) of the Rules of Procedure).
application for leave to intervene, statement in inter
vention, plea of inadmissibility, observations on …,
41. Nevertheless, a party may apply for any part of the
replies to questions, etc.);
contents of the case-file which are secret or confidential:
(b) the case number in the list (F-…/…) where this has
— not to be made available to a party in a joined case
already been communicated by the Registry.
(Article 46(3) of the Rules of Procedure);
35. The rules, referred to in Chapter A of this title, governing
— to be omitted from the documents served on an
the circumstances in which a request is or may be made to
intervener (Article 110(2) of the Rules of Procedure).
put an application in order shall apply mutatis mutandis to
the defence and to other procedural documents.
42. Any application for confidential treatment made pursuant
to Article 46(3) or Article 110(2) of the Rules of Procedure
C. Sending an original paper document preceded by a
must be made by separate document.
fax
43. Such an application must be specific and the confidential
36. The originals of all procedural documents and, more
treatment sought must be limited to what is strictly
generally, any correspondence sent to the Tribunal,
necessary. It may not in any event cover the entirety of a
including applications for extensions of time, which are
procedural document and may only exceptionally extend to
not transmitted to the Tribunal by means of e-Curia,
the entirety of an annexed document.
must be lodged at the Registry in paper format.
44. An application for confidential treatment must accurately
In order to comply with procedural time-limits, a copy of a
identify the particulars or passages concerned and briefly
document may be sent to the Registry of the Tribunal by
state the reasons for which each of those particulars or
fax (fax number: + 352 4303 4453) before the original
passages is regarded as secret or confidential.

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45. The application must be accompanied by a non-
place. Requests to postpone the date of a hearing are
confidential version of each pleading or procedural
granted only in very exceptional circumstances. Such
document concerned, with the confidential material
requests must state adequate reasons, valid for all the
deleted. If the application concerns only an annex to a
party’s representatives, accompanied by appropriate
procedural document, the whole of that document must
supporting documents, and submitted to the Tribunal
be annexed to the application for confidentiality. If
without delay.
lodged by means of e-Curia, the annex to which an appli
cation for confidential treatment relates must be sent in a
separate file.
54. In good time before the hearing, the parties receive the
preparatory report for the hearing drawn up by the
E. Applications for legal aid
judge-rapporteur. That report normally describes the
subject-matter of the proceedings, the forms of order
46. Under Article 95 et seq. of the Rules of Procedure, legal aid
sought, the aspects on which the parties are requested to
may be granted in order to ensure effective access to
concentrate in their oral arguments, the issues of fact and
justice. Without prejudice to Article 19 of the Statute,
of law which need to be explored in greater depth etc., and
such an application need not, in accordance with the
indicates the time allowed for the opening arguments of
second subparagraph of Article 96(1) of the Rules of
the parties’ representatives. The Tribunal may also indicate
Procedure, be made through a lawyer.
its intention to examine the possibilities of an amicable
settlement of the dispute at the hearing.
47. The use of the form annexed to these Practice Directions is
compulsory in making an application for legal aid. Any
request for legal aid submitted otherwise than by using
55. If the representative of a party intends not to be present at
the application form will not be taken into consideration
the hearing, he is requested to notify the Tribunal of this
and will give rise to a reply from the Registrar reiterating
without delay. In those circumstances, the hearing will take
that the use of the form is compulsory and attaching a
place in his absence. This will also apply should the
copy of the form. The form can be downloaded from the
Tribunal find that a party is absent from the hearing
website www.curia.europa.eu.
without due notification.
48. The form, together with supporting documents, must be
duly completed and signed by the applicant for legal aid or
56. If the representative of a party wishes to be replaced by a
by his lawyer. However, where the application for legal aid
qualified person not initially instructed by his client, he
is lodged by means of e-Curia by the applicant’s lawyer, the
shall notify the Tribunal of this without delay and ensure
lawyer’s signature shall not be required.
that written authorisation for that person, signed by the
client, and, where appropriate, certification of the rights of
49. Only the lawyer representing the party seeking legal aid
audience held by the lawyer or adviser standing in for him
shall be authorised to lodge the application for legal aid
have been submitted prior to the hearing.
by means of e-Curia.
IV. ORAL PROCEDURE
C. Conduct of the hearing
A. Location
57. The parties’ representatives are required to appear before
50. The notice to attend the public hearing always states the
the Tribunal in their robes. The Tribunal always has some
date, time, place and courtroom in which the hearing is to
plain robes available should they be needed; the court usher
be held. If, for specific reasons (for example, if the Tribunal
at the hearing should be asked about this.
has summoned, to give evidence, a person who cannot
express himself in the language of the case), one of the
parties considers it essential that interpreters be present,
58. A few minutes before the start of the hearing, the parties’
for the whole hearing or for specific purposes, a reasoned
representatives are escorted by the court usher to the area
request to that effect must be sent to the Tribunal as soon
to the rear of the courtroom to meet the judges hearing the
as the notice to attend the hearing is received, so that any
case in order to settle arrangements for the conduct of the
change of courtroom or the presence of interpreters can be
hearing.
organised as quickly as possible.
51. A map of the buildings of the Court of Justice and of
59. Everyone present must stand when the members of the
available car parks may be found on the website www.
Tribunal enter the courtroom. The hearing then begins
curia.europa.eu.
with the Registrar calling the case.
52. As a security measure, access to the buildings is controlled.
Parties and their representatives are requested to produce
60. As the judges have perused the written observations, the
their identity card, passport, professional card or some
parties’ representatives are requested not to repeat in their
other form of photo identification. It is prudent, therefore,
oral arguments the content of the procedural documents
to arrive in good time.
exchanged, but to concentrate on the issues referred to in
the preparatory report for the hearing and to answer the
B. Preparation for the hearing
judges’ questions. The same applies, where appropriate, to
the parties themselves, if they have been asked to address
53. The representatives of the parties are given notice to attend
the Tribunal. As the aim of the hearing is to clarify the
the hearing by the Registry a few weeks before it takes
issues of fact and of law required in order for judgment to

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be given on the case, the conduct of the hearing must
documents for their oral submissions, their notes or any
facilitate a dialogue between the judges and the parties
other reference documents, to the interpreting department
and their representatives.
in advance, so that the interpreters may include it in their
preparatory study of the file (Interpreting Directorate, fax
61. In any event, the parties’ representatives have the oppor
number: (+352) 4303 3697; email address: interpret@curia.
tunity to put forward an opening argument, for which the
europa.eu). That text will not, of course, be forwarded to
preparatory report for the hearing gives guidance as to the
the other parties or to members of the bench.
time allowed (normally 20 minutes). That period does not
include the time used to answer the questions put by the
E. Amicable settlement
judges or to reply to the other party’s oral submissions.
67. At the request of the parties’ representatives or on its own
62. As the courtrooms are equipped with an automatic amplifi
initiative, the Tribunal may decide to suspend the hearing
cation system, each person addressing the Tribunal is
for a short time where the parties’ representatives wish to
requested to press the button on the microphone before
discuss a proposal for amicable settlement with their clients
starting to speak. The parties’ representatives are likewise
or with the other party’s representative, if necessary before
requested, when citing a court judgment, to give the
one or more judges. Should a discussion in camera be
number of the case cited, the names of the parties and
desired, a separate room can be made available. Any
the date of the judgment or order.
requests to this effect should be addressed to the
Registrar or to the court usher.
63. It must be borne in mind that documents must be lodged
before the Tribunal during the written procedure. The
F. End of the hearing
Tribunal can accept documents submitted at the hearing
only in very exceptional circumstances. The same rule
68. The presiding member of the bench announces the end of
applies to any evidence offered in support at the hearing.
the hearing. The parties subsequently receive brief minutes
If applicable, it is prudent to bring sufficient copies.
of the hearing and are subsequently notified in writing of
the next steps to be taken in the proceedings, in particular
of the date of delivery of the judgment.
D. Specific features of simultaneous interpretation

64. In cases in which simultaneous interpretation is required,
V. ENTRY INTO FORCE OF THESE DIRECTIONS
parties’ representatives are reminded that it is generally
preferable to speak freely on the basis of notes rather
69. These Practice Directions shall be published in the Official
than to read out a text. Likewise, a series of short
Journal of the European Union and shall enter into force on
sentences is preferable to a long, complicated construction.
the day following their publication.
65. If, however, oral submissions are prepared in writing, it is
70. The Practice Directions to Parties of 25 January 2008 (OJ
advisable when drafting the text to take account of the fact
2008 L 69, p. 13) are hereby revoked and replaced by
that it must be presented orally and should therefore
these Practice Directions.
resemble an oral address as closely as possible.
71. For the assistance of the parties, the Registry of the
66. In order to facilitate interpretation, the parties’ represen
Tribunal also makes various checklists and models
tatives are requested to send any written text or reference
available on the website www.curia.europa.eu.
Done at Luxembourg, 11 July 2012.
W. HAKENBERG
S. VAN RAEPENBUSCH
Registrar
President

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GUIDE FOR LEGAL AID APPLICANTS AND COMPULSORY FORM

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APPLICATION FOR LEGAL AID
GUIDE FOR APPLICANTS AND COMPULSORY FORM
I. GUIDE FOR LEGAL AID APPLICANTS ( 1 )
A. Legal background
1. Jurisdiction of the Tribunal
Admissibility of actions before the Tribunal
Legal aid applicants should note the following provisions:
— Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, and Article 1 of Annex I
to the Statute of the Court of Justice of the European Union, concerning the jurisdiction of the Tribunal;
— Articles 90 and 91 of the Staff Regulations, which specify a number of requirements as to the admissibility
of actions before the Tribunal.
2. Legal background in relation to legal aid
The rules concerning legal aid are contained in the Rules of Procedure.
In particular, they provide as follows:
a. R e q u i r e m e n t s f o r t h e g r a n t o f l e g a l a i d
— Any natural person who, because of his financial situation, is wholly or partly unable to meet the costs
involved in legal assistance and representation by a lawyer in proceedings before the Tribunal is to be
entitled to legal aid (first subparagraph of Article 95(2) of the Rules of Procedure).
— The financial situation is to be assessed, taking into account objective factors such as income, capital and
the family situation (second subparagraph of Article 95(2) of the Rules of Procedure).
— The application for legal aid must be accompanied by all information and supporting documents making
it possible to assess the applicant’s financial situation, such as a certificate issued by the competent
national authority attesting to his financial situation (first subparagraph of Article 96(2) of the Rules of
Procedure).
— An application for legal aid may be made before or after the action has been brought. The application
need not be made through a lawyer (Article 96(1) of the Rules of Procedure).
— If the application is made before the action has been brought, the applicant must briefly state the subject-
matter of the proposed action, the facts of the case and the arguments in support of the action. The
application must be accompanied by supporting documents in that regard (second subparagraph of
Article 96(2) of the Rules of Procedure).
— Legal aid is to be refused if the action in respect of which the application is made appears to be
manifestly inadmissible or manifestly unfounded (Article 95(3) of the Rules of Procedure).
( 1 ) This guide is an integral part of the legal aid application form. The information which it contains is taken from the Rules of Procedure
of the Civil Service Tribunal and the Practice Directions to Parties.

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— If the circumstances which led to the grant of legal aid should alter during the proceedings, the President
may at any time, on his own motion or on application, withdraw legal aid, having heard the person
concerned (Article 97(5) of the Rules of Procedure).
— The Tribunal may provide, in accordance with Article 120 of the Rules of Procedure, for the compulsory
use of a form in making an application for legal aid (Article 96(3) of the Rules of Procedure). The
Tribunal has taken the opportunity to do so in the Practice Directions to Parties.
b. P r o c e d u r e
— If the person concerned has not indicated his choice of lawyer or if his choice is unacceptable, the
Registrar is to send a copy of the order granting legal aid and a copy of the application to the competent
authority of the Member State concerned, mentioned in Annex II to the Rules supplementing the Rules
of Procedure of the Court of Justice. The lawyer instructed to represent the applicant is to be designated
having regard to the suggestions made by that authority (second subparagraph of Article 97(3) of the
Rules of Procedure).
— The introduction of an application for legal aid is to suspend the period prescribed for the bringing of the
action until the date of notification of the order making a decision on that application or, where that
order does not designate a lawyer to represent the person concerned, until the date of notification of the
order designating a lawyer to represent the applicant (Article 97(4) of the Rules of Procedure).
c. P a r t i a l l e g a l a i d
An order granting legal aid may specify an amount to be paid to the lawyer instructed to represent the
person concerned or fix a limit which the lawyer’s disbursements and fees may not, in principle, exceed. It
may provide for a contribution to be made by the person concerned to the costs referred to in Article 95(1)
of the Rules of Procedure, having regard to his financial situation (third subparagraph of Article 97(3) of the
Rules of Procedure).
d. R e s p o n s i b i l i t y f o r c o s t s
— Where, by virtue of the decision closing the proceedings, the recipient of legal aid has to bear his own
costs, the President shall fix the lawyer’s disbursements and fees which are to be paid by the cashier of
the Tribunal by way of a reasoned order from which no appeal shall lie (Article 98(2) of the Rules of
Procedure).
— Where, in the decision closing the proceedings, the Tribunal has ordered another party to pay the costs
of the recipient of legal aid, that other party shall be required to refund to the cashier of the Tribunal any
sums advanced by way of aid (Article 98(3) of the Rules of Procedure).
— Where the recipient of the aid is unsuccessful, the Tribunal may, in ruling as to costs in the decision
closing the proceedings, if equity so requires, order that one or more parties should bear their own costs
or that those costs should be borne, in whole or in part, by the cashier of the Tribunal by way of legal
aid (Article 98(4) of the Rules of Procedure).
B. Procedure for submission of an application for legal aid
In accordance with point 47 of the Practice Directions to Parties, every application for legal aid must be submitted
using the form below. Any request for legal aid submitted otherwise than by using the application form will not be
taken into consideration.
As stated in point 49 of the Practice Directions to Parties, an application for legal aid lodged by means of e-Curia
may be lodged only by the lawyer representing the party seeking legal aid.

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In the case of transmission in paper format, dispatch of the original application may be preceded by dispatch by
fax. The date on which the fax is sent will then be taken into account for the purposes of the suspension of the
time-limit for bringing proceedings, provided that the original is received at the Tribunal within 10 days of
dispatch of the fax.
The original of the application for legal aid must be signed by the applicant himself or by his lawyer, failing which
the application will not be taken into consideration and the document will be returned. However, where the
applicant’s lawyer lodges the application for legal aid by means of e-Curia, the lawyer’s signature is not required.
If the application for legal aid is submitted by the applicant’s lawyer before the application initiating proceedings is
lodged, the legal aid application must be accompanied by documents certifying that the lawyer is authorised to
practise before a court of a Member State or of another State party to the EEA Agreement.
C. Effect of proper lodging of an application for legal aid before the action has been brought
Where an application for legal aid is properly lodged before the action has been brought, the period prescribed for
the bringing of the action will be suspended until the date of notification of the order making a decision on that
application or of the order designating a lawyer to represent the applicant for legal aid. Time for the purposes of
bringing an action will not run, therefore, while the application for legal aid is being considered by the Tribunal. It
is prudent to submit such an application in good time in order to ensure that the remaining period within which
an action may be brought is not too short.
D. Contents of the application for legal aid and supporting documents
1. Applicant’s financial situation
The application must be accompanied by all information and supporting documents making it possible to
assess the applicant’s financial situation, such as a certificate issued by the competent national authority attesting
to his financial situation.
Documents may include, for example:
— certificates issued by social security or unemployment benefit authorities;
— declarations of income or tax notices;
— salary slips;
— bank statements.
Sworn statements made and signed by the applicant himself are not sufficient proof that he is wholly or partly
unable to meet the costs of the proceedings.
The information given on the form concerning the applicant’s financial situation and the documents lodged in
support of the information provided should give a complete picture of his financial situation.
Applicants should note that they should not confine themselves to providing the Tribunal with details of their
resources; they should also provide the Tribunal with information which will enable the Tribunal to assess the
capital held.
An application which does not establish to the requisite legal standard the applicant’s inability to meet the costs
of the proceedings will be rejected.
The applicant is required to notify the Tribunal at the earliest possible opportunity of any change in his financial
situation which might justify the application of Article 97(5) of the Rules of Procedure, according to which, if
the circumstances which led to the grant of legal aid should alter during the proceedings, the President may at
any time, on his own motion or on application, withdraw legal aid, having heard the person concerned.

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2. Subject-matter of the proposed action, facts of the case and arguments in support of the action
If the application for legal aid is made before the action has been brought, the applicant must briefly state the
subject-matter of the proposed action, the facts of the case and the arguments which he intends to put forward
in support of his action. The form includes a section for that purpose.
A copy of any supporting document that is relevant for the purposes of assessing whether the proposed action
is admissible and well founded must be annexed to the form; for example:
— if applicable, the measure which the applicant seeks to have annulled;
— if applicable, the complaint within the meaning of Article 90(2) of the Staff Regulations and the decision
responding to the complaint, together with the dates on which the complaint was submitted and the
decision notified;
— if applicable, the request within the meaning of Article 90(1) of the Staff Regulations and the decision
responding to the request, together with the dates on which the request was submitted and the decision
notified;
— correspondence with the prospective defendant.
3. Other useful information
No original documents will be returned. The applicant is therefore advised to supply photocopies of supporting
documents.
An application may not be supplemented by the subsequent lodging of addenda. Such addenda will be returned,
unless they have been lodged at the request of the Tribunal. It is essential, therefore, to supply all necessary
information on the form and to attach copies of any documentary proof of the information supplied. In
exceptional cases, documents intended to establish that the legal aid applicant is wholly or partly unable to
meet the costs of the proceedings may nevertheless be accepted subsequently, subject to the delay in their
production being justified.
If the space available in any section of the form is insufficient, that section may be completed on a separate
page attached to the application.
II. LEGAL AID APPLICATION FORM

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Document Outline

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