政党在普通法院前的行动指南
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32012Q0307(02)
OJ编号:OJ L 68, 7.3.2012, p. 23-41
中文标题:政党在普通法院前的行动指南
原文标题:Practice directions to parties before the General Court
分类:01.40.50_法院
文件类型:二级立法
生效日期:2012-03-08
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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PRACTICE DIRECTIONS TO PARTIES BEFORE THE GENERAL COURT
Table of Contents
I. WRITTEN PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
A. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
A.1. Use of technical means of communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
(1) By means of the e-Curia application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
(2) By fax or email . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
A.2. Presentation of procedural documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
A.3. The presentation of files lodged by means of the e-Curia application . . . . . . . . . . . . . . 27
A.4. Length of pleadings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
B. FORM AND CONTENT OF PLEADINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
B.1. Direct actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
(1) Application and defence (other than in intellectual property cases) . . . . . . . . . . . . 28
a. Application initiating proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
b. Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
(2) Application and response (in intellectual property cases) . . . . . . . . . . . . . . . . . . . . 29
a. Application initiating proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
b. Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
B.2. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
a. Notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
b. Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
C. ANNEXES TO PROCEDURAL DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
D. REGULARISATION OF PROCEDURAL DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
D.1. Regularisation of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
a. Those requirements, non-compliance with which is grounds for not serving the
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
b. Procedural rules, non-compliance with which justifies delaying service . . . . . . . . 33
c. Procedural rules non-observance of which does not prevent service . . . . . . . . . . 34
D.2. Regularisation of lengthy applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
D.3. Regularisation of other procedural documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
E. APPLICATIONS FOR EXPEDITED PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
F. APPLICATIONS FOR SUSPENSION OF OPERATION OR ENFORCEMENT AND OTHER INTERIM
MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
G. APPLICATIONS FOR CONFIDENTIAL TREATMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
a. Applications for leave to intervene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
b. Joined cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
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H. APPLICATIONS CONCERNING A SECOND EXCHANGE OF PLEADINGS . . . . . . . . . . . . . . . . . . . . . . . 37
H.1. Applications for leave to submit a reply or rejoinder in intellectual property cases . . . . 37
H.2. Applications for leave to submit a reply in appeal proceedings . . . . . . . . . . . . . . . . . . . 37
I. APPLICATIONS FOR HEARING OF ORAL ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
I.1. Applications for hearing of oral argument in intellectual property cases . . . . . . . . . . . . 37
I.2. Applications for hearing of oral argument in appeal proceedings . . . . . . . . . . . . . . . . . 38
J. APPLICATIONS FOR LEGAL AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
II. ORAL PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
III. ENTRY INTO FORCE OF THESE PRACTICE DIRECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
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THE GENERAL COURT
Having regard to Article 150 of its Rules of Procedure;
Whereas:
It is in the interest of the sound administration of justice that practice directions be issued to the parties’
representatives, whether lawyers or agents, for the purpose of Article 19 of the Protocol on the Statute of
the Court of Justice of the European Union (‘the Statute’), dealing with the manner in which procedural
documents are to be submitted and how best to prepare for the hearing before the General Court (‘the
Court’);
The present directions reflect, explain and complement provisions in the Court’s Rules of Procedure and are
designed to enable the parties’ representatives to take account of those matters which concern the Court,
particularly those relating to translation, the internal processing of procedural documents and interpretation;
The Instructions to the Registrar dated 5 July 2007 (OJ 2007 L 232, p. 1), as amended on 17 May 2010
(OJ 2010 L 170, p. 53) and on 24 January 2012 (OJ 2012 L 68, p. 23) (‘the Instructions to the Registrar’),
require the Registrar to ensure that procedural documents placed on a case-file comply with the provisions
of the Statute, the Rules of Procedure and these Practice Directions (‘the Practice Directions’) together with
the Instructions to the Registrar; in particular, he is to require that any irregularities of form in documents
lodged be made good and, in default of such regularisation, to refuse, where appropriate, to accept them if
they do not comply with the provisions of the Statute or of the Rules of Procedure;
Compliance with the Practice Directions will assure parties’ representatives, as persons concerned in the
administration of justice, that the procedural documents lodged by them may properly be processed by the
Court and will not, with respect to the matters dealt with in the Practice Directions, entail the application of
Article 90(a) of the Rules of Procedure;
Following consultations with the representatives of the agents of the Member States, of the institutions
acting in proceedings before the Court and of the Council of Bars and Law Societies of Europe (CCBE);
HEREBY DECIDES TO ADOPT THE FOLLOWING PRACTICE DIRECTIONS.
I. WRITTEN PROCEDURE
A. GENERAL PROVISIONS
A.1. Use of technical means of communication
(1) By means of the e-Curia application
1. The lodging of procedural documents by exclusively electronic means is allowed using the e-Curia
application (https://curia.europa.eu/e-Curia) in compliance with the Conditions of use of the e-Curia
application.
2. Annexes to a procedural document, mentioned in the body of that document, which by their nature
cannot be lodged by e-Curia, may be sent separately in accordance with Article 43(1) of the Rules of
Procedure, provided that they are mentioned in the schedule of annexes to the document lodged by e-
Curia. The schedule of annexes must identify which annexes are to be lodged separately. Those
annexes must reach the Registry no later than 10 days after the lodging of the procedural
document by e-Curia.
3. Without prejudice to specific rules, the provisions of these Directions shall be applicable to procedural
documents lodged by means of the e-Curia application.
(2) By fax or email
4. A copy of the signed original of a procedural document may be transmitted to the Registry in
accordance with Article 43(6) of the Rules of Procedure either:
— by fax (fax number: (+352) 4303 2100), or
— by email (email address: GeneralCourt.Registry@curia.europa.eu).
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5. In the case of transmission by email, only a scanned copy of the signed original will be accepted.
Scanned documents should ideally be scanned at a resolution of 300 dpi and submitted in PDF (image
and text) using software such as Acrobat or Readiris 7 Pro. A document dispatched in the form of an
ordinary electronic file which is unsigned or bears an electronic signature or a facsimile signature
generated by computer will not be treated as complying with Article 43(6) of the Rules of Procedure.
Correspondence relating to a case which is received by the Court in the form of an ordinary email
message will not be taken into consideration.
6. The date on which a procedural document is lodged by fax or email will be deemed to be the date of
lodgment for the purposes of compliance with a time-limit only if the original of that document,
bearing the representative’s handwritten signature, is lodged at the Registry no later than 10 days
thereafter, as prescribed under Article 43(6) of the Rules of Procedure.
7. The signed original must be sent without delay, immediately after the dispatch of the copy, without
any corrections or amendments, even of a minor nature, being made thereto. In the event of any
discrepancy between the signed original and the copy previously lodged, only the date of lodging of
the signed original will be taken into consideration. In accordance with the second subparagraph of
Article 43(1) of the Rules of Procedure, the signed original of every procedural document is to be
accompanied by the adequate number of certified copies.
8. Where, in accordance with Article 44(2) of the Rules of Procedure, a party consents to being served
by fax or other technical means of communication, the statement to that effect must specify the fax
number and/or the email address for the purpose of service by the Registry. The recipient’s computer
must be equipped with suitable software (for example, Acrobat or Readiris 7 Pro) enabling communi
cations from the Registry, which will be transmitted in PDF, to be read.
A.2. Presentation of procedural documents
9. The following information must appear on the first page of the procedural document:
(a) the title of the document (application, defence, response, reply, rejoinder, application for leave to
intervene, statement in intervention, objection of inadmissibility, observations on …, replies to
questions, etc.);
(b) the case-number (T-…/…), where it has already been notified by the Registry;
(c) the names of the applicant and of the defendant, and the name of any other party to the
proceedings in intellectual property cases and appeals against decisions of the Civil Service
Tribunal;
(d) the name of the party on whose behalf the document is lodged.
10. Each paragraph of the document must be numbered.
11. In documents not lodged by means of the e-Curia application, the handwritten signature of the party’s
representative is required and must appear at the end of the document. Where more than one
representative is acting for the party concerned, the signing of the document by one representative
shall be sufficient.
12. Procedural documents must be submitted in such a way as to enable them to be processed elec
tronically by the Court.
Accordingly, the following requirements must be complied with:
(a) the text, in A4 format, must be easily legible and appear on one side of the page only;
(b) paper documents produced must be placed together in such a way as to enable them to be easily
undone. They must not be bound together or fixed to each other by any other means (e.g. glued
or stapled);
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(c) the text must appear in characters that are sufficiently large to be easily read ( 1 ) with sufficient line
spacing and margins to ensure that a scanned version will be legible; ( 2 )
(d) the pages of the document must be numbered consecutively in the top right-hand corner; where
annexes to a document are produced, they must be paginated in accordance with the requirements
at point 59 of the Practice Directions.
13. The first page of each copy of the signed original of every procedural document not lodged by means
of the e-Curia application and required to be produced by the parties pursuant to the second
subparagraph of Article 43(1) of the Rules of Procedure must be initialled by the representative of
the party concerned and certified by him as a true copy of the original document.
A.3. The presentation of files lodged by means of the e-Curia application
14. Procedural documents lodged by means of the e-Curia application shall be presented in the form of
files. To assist the Registry in handling them, it is recommended to follow the practical guidance given
in the e-Curia User Manual available on line on the Internet site of the Court of Justice of the
European Union, viz:
— files must include names identifying the document (Pleading, Annexes Part 1, Annexes Part 2,
Covering letter, etc.);
— the procedural document need not necessarily bear a handwritten signature;
— the text of the procedural document can be saved in PDF direct from the word-processing software
without the need of scanning;
— the procedural document must include the schedule of annexes;
— the annexes must be contained in one or more files separate from the file containing the
procedural document. A file may contain several annexes. It is not compulsory to create one
file per annex.
A.4. Length of pleadings
15. Depending on the subject-matter and the circumstances of the case, the maximum number of pages ( 3 )
shall be as follows:
— 50 pages for the application and the defence;
— 20 pages for the application and responses in intellectual property cases;
— 15 pages for the appeal and the response;
— 25 pages for the reply and the rejoinder;
— 15 pages for the reply and the rejoinder in appeal cases and in intellectual property cases;
— 20 pages for an objection of inadmissibility and observations thereon;
— 20 pages for a statement in intervention and 15 pages for observations thereon.
( 1 ) For example, ‘Times New Roman’ 12 font for the main text and ‘Times New Roman’ 10 font for the text of footnotes.
( 2 ) For example, single line spacing, and margins of at least 2,5 cm.
( 3 ) The text must be presented in accordance with the requirements at point 12(c) of these Practice Directions.
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16. Authorisation to exceed those maximum lengths will be given only in cases involving particularly
complex legal or factual issues.
B. FORM AND CONTENT OF PLEADINGS
B.1. Direct actions
17. The Rules of Procedure contain provisions which specifically govern proceedings relating to intel
lectual property rights (Articles 130 to 136). The rules relating to applications and responses lodged in
the context of such proceedings (2) are therefore set out separately from those relating to applications
and defences lodged in the context of any other proceedings (1).
(1) Application and defence (other than in intellectual property cases)
a. Application initiating proceedings
18. The mandatory information to be included in the application initiating proceedings is prescribed by
Article 44 of the Rules of Procedure.
19. The following information must appear at the beginning of the application:
(a) the name and address of the applicant;
(b) the name and capacity of the applicant’s representative;
(c) the identity of the party against whom the application is made;
(d) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
20. The introductory part of the application should be followed by a brief account of the facts giving rise
to the dispute.
21. Legal arguments should be set out and grouped by reference to the particular pleas in law to which
they relate. Each argument or group of arguments should generally be preceded by a summary
statement of the relevant plea. In addition, the pleas in law put forward should ideally each be
given a heading to enable them to be identified easily.
22. The precise wording of the form of order sought by the applicant must be stated either at the
beginning or at the end of the application.
23. In the case of an action for annulment, a copy of the contested measure must be annexed to the
application and identified as such.
24. The documents referred to in Article 44(3) and (5)(a) and (b) of the Rules of Procedure must be
produced together with the application, but separately from the annexes mentioned in the text of the
pleading. For the purposes of the production of the document required by Article 44(3) of the Rules
of Procedure, reference may be made, in accordance with Article 8(2) of the Instructions to the
Registrar, to a document previously lodged at the Registry of the Court.
25. Each application must be accompanied by a summary of the pleas in law and main arguments relied
on, designed to facilitate the drafting of the notice prescribed by Article 24(6) of the Rules of
Procedure. Since the notice is required to be published in the Official Journal of the European Union
in all the official languages, it is requested that the summary should not exceed two pages and that it
should be prepared in accordance with the model available on line on the Internet site of the Court of
Justice of the European Union. It must be produced separately from the annexes mentioned in the
application. The summary must, if not lodged by means of the e-Curia application, be sent by email,
as an ordinary electronic file, to GeneralCourt.Registry@curia.europa.eu, indicating the case to which it
relates.
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26. All evidence offered in support must be expressly and accurately indicated, in such a way as to show
clearly the facts to be proved:
— documentary evidence offered in support must refer to the relevant document number in a
schedule of annexed documents. Alternatively, if a document is not in the applicant’s possession,
the pleading must indicate how the document may be obtained;
— where oral testimony is sought to be given, each proposed witness or person from whom
information is to be obtained must be clearly identified.
27. If the application is lodged after the submission of an application for legal aid, the effect of which,
under Article 96(4) of the Rules of Procedure, is to suspend the period prescribed for the bringing of
an action, this must be stated at the beginning of the application initiating proceedings.
28. If the application is lodged after notification of the order making a decision on an application for legal
aid, reference must also be made in the application to the date on which the order was served on the
applicant.
b. Defence
29. The mandatory information to be included in the defence is prescribed by Article 46(1) of the Rules
of Procedure.
30. In addition to the case-number and the name of the applicant, the following information must appear
at the beginning of the defence:
(a) the name and address of the defendant;
(b) the name and capacity of the defendant’s representative;
(c) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
31. The precise wording of the form of order sought by the defendant must be stated either at the
beginning or at the end of the defence.
32. Points 21, 24 and 26 of the Practice Directions shall apply to the defence.
33. Any fact alleged by the other party which is contested must be specified and the basis on which it is
contested expressly stated.
(2) Application and response (in intellectual property cases)
a. Application initiating proceedings
34. The mandatory information to be included in the application initiating proceedings is prescribed by
Articles 44 and 132(1) of the Rules of Procedure.
35. The following information must appear at the beginning of the application:
(a) the name and address of the applicant;
(b) the name and capacity of the applicant’s representative;
(c) the names of all parties to the proceedings before the Board of Appeal and the addresses given by
them for notification purposes during those proceedings;
(d) the date on which the applicant was notified of the decision of the Board of Appeal that is the
subject-matter of the action;
(e) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
36. The contested decision of the Board of Appeal must be annexed to the application.
37. Points 20 to 22, 24, and 26 to 28 of the Practice Directions shall apply to applications in intellectual
property cases.
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b. Response
38. The mandatory information to be included in the response is prescribed by Article 46(1) of the Rules
of Procedure.
39. In addition to the case-number and the name of the applicant, the following must appear at the
beginning of the response:
(a) the name and address of the defendant or of the intervener;
(b) the name and capacity of the defendant’s or intervener’s representative;
(c) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
40. The precise wording of the form of order sought by the defendant or by the intervener must be stated
either at the beginning or at the end of the response.
41. Points 21, 24, 26 and 33 of the Practice Directions shall apply to the response. Where, prior to the
response, the other party to the proceedings before the Board of Appeal lodges observations on the
language of the case, in accordance with Article 131(2) of the Rules of Procedure, those observations
shall be accompanied by the document referred to in Article 44(3) of the Rules of Procedure.
B.2. Appeals
a. Notice of appeal
42. The notice of appeal must contain the information prescribed by Article 138(1) of the Rules of
Procedure.
43. The following must appear at the beginning of any notice of appeal:
(a) the name and address of the appellant;
(b) the name and capacity of the appellant’s representative;
(c) a reference to the decision of the Civil Service Tribunal appealed against (nature of the decision,
formation of the Tribunal, date and case-number);
(d) the names of the other parties to the proceedings before the Civil Service Tribunal;
(e) a reference to the date of receipt by the appellant of the decision of the Civil Service Tribunal;
(f) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
44. The precise wording of the form of order sought by the appellant must be stated either at the
beginning or at the end of the notice (Article 139(1) of the Rules of Procedure).
45. It is not generally necessary to describe the background or subject-matter of the proceedings. A
reference to the decision of the Civil Service Tribunal is sufficient.
46. It is recommended that the pleas in law be summarised at the beginning of the notice. Legal
arguments should be set out and grouped by reference to the particular pleas in law in support of
the appeal to which they relate, and in particular by reference to the errors of law relied on.
47. A copy of the decision of the Civil Service Tribunal appealed against shall be annexed to the notice.
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48. Each notice of appeal must be accompanied by a summary of the pleas in law and main arguments
relied on, designed to facilitate the drafting of the notice for publication prescribed by Article 24(6) of
the Rules of Procedure. Since the notice is required to be published in the Official Journal of the
European Union in all the official languages, it is requested that the summary should not exceed
two pages and that it should be prepared in accordance with the model available on line on the
Internet site of the Court of Justice of the European Union. It must be produced separately from the
annexes mentioned in the notice of appeal. The summary must, if not lodged by means of the e-Curia
application, be sent by email, as an ordinary electronic file, to GeneralCourt.Registry@curia.europa.eu,
indicating the case to which it relates.
49. The document referred to in Article 44(3) of the Rules of Procedure (certificate that the lawyer is
authorised to practise before a court of a Member State or of another State which is a party to the
Agreement on the European Economic Area) must be produced together with the notice of appeal,
unless the party bringing the appeal is an institution of the Union or a Member State represented by
an agent. For the purposes of the production of the document required by Article 44(3) of the Rules
of Procedure, reference may be made, in accordance with Article 8(2) of the Instructions to the
Registrar, to a document previously lodged at the Registry of the Court.
b. Response
50. The response must contain the information prescribed by Article 141(2) of the Rules of Procedure.
51. In addition to the case-number and the name of the appellant, the following must appear at the
beginning of each response:
(a) the name and address of the party submitting the response;
(b) the name and capacity of that party’s representative;
(c) the date of receipt of the appeal by that party;
(d) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
52. The precise wording of the form of order sought by the party submitting the response must be stated
either at the beginning or at the end of the response (Article 142(1) of the Rules of Procedure).
53. If the response seeks to set aside, in whole or in part, the decision of the Civil Service Tribunal on a
plea in law which was not raised in the appeal, a reference to that effect should be included in the
heading of the pleading (‘response and cross-appeal’).
54. Legal arguments must, as far as possible, be set out and grouped by reference to the appellant’s pleas
in law and/or, as the case may be, to the pleas in law relating to the cross-appeal.
55. Since the factual and legal background is already included in the judgment under appeal, it should be
repeated in the response only in truly exceptional circumstances, in so far as its presentation in the
notice of appeal is contested or requires clarification. The contested matter of fact or of law must be
identified and the basis of that contest clearly stated.
56. The document referred to in Article 44(3) of the Rules of Procedure (certificate that the lawyer is
authorised to practise before a court of a Member State or of another State which is a party to the
Agreement on the European Economic Area) must be produced together with the response, unless the
party producing it is an institution of the Union or a Member State represented by an agent.
C. ANNEXES TO PROCEDURAL DOCUMENTS
57. Only those documents mentioned in the actual text of a procedural document and which are
necessary in order to prove or illustrate its contents may be submitted as annexes.
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58. Annexes will be accepted only if they are accompanied by a schedule indicating, for each document
annexed:
(a) the number of the annex (by reference to the procedural document to which the documents are
annexed, using a letter and a number: for example, Annex A.1, A.2, … for annexes to the
application; B.1, B.2, … for annexes to the defence; C.1, C.2, … for annexes to the reply; D.1,
D.2, … for annexes to the rejoinder);
(b) a short description of the document (for example, ‘letter’, followed by its date, author and
addressee and the number of pages);
(c) the page reference and paragraph number in the procedural document where that document is
mentioned and its relevance is described.
59. The documents annexed to a procedural document must be paginated in the top right-hand corner, in
ascending order. Pagination of the documents may be made either consecutively with the procedural
document to which they are annexed or consecutively but separately from that document.
60. Where annexes are documents which themselves contain annexes, they must be arranged and
numbered in such a way as to avoid all possibility of confusion and should, where necessary, be
separated by dividers.
61. Each reference to a document lodged must state the relevant annex number as given in the schedule
of annexes and indicate the procedural document with which the annex has been lodged, in the
manner described at point 58 above.
D. REGULARISATION OF PROCEDURAL DOCUMENTS
D.1. Regularisation of applications
a. Those requirements, non-compliance with which is grounds for not serving the application
62. If an application does not comply with the following requirements, the Registry shall not serve it and
a reasonable period shall be prescribed for the purposes of putting it in order:
Direct actions
(other than intellectual property)
Intellectual property cases Appeals
(a) production of the certificate of the production of the certificate of the production of the
lawyer’s authorisation to practise lawyer’s authorisation to practise certificate of the
(Article 44(3) of the Rules of Procedure) (Article 44(3) of the Rules of Procedure) lawyer’s authori
sation to practise
(Article 44(3) of the
Rules of Procedure)
(b) proof
of
the
existence
in
law
of
a
legal proof of the existence in law of a legal
person governed by private law person governed by private law
(Article 44(5)(a) of the Rules of (Article 44(5)(a) of the Rules of
Procedure)
Procedure)
(c) authority
(Article
44(5)(b)
of
the
Rules authority (Article 44(5)(b) of the Rules
of Procedure)
of Procedure)
(d) proof
that
that
authority
has
been proof that that authority has been
properly conferred by someone auth properly conferred by someone auth
orised for the purpose (Article 44(5)(b) orised for the purpose (Article 44(5)(b)
of the Rules of Procedure)
of the Rules of Procedure)
(e) production
of
the
contested
measure production of the contested decision of production of the
(action for annulment) or of the docu the Board of Appeal (second decision of the Civil
mentary evidence of the date on which subparagraph of Article 132(1) of the Service Tribunal that
the institution was requested to act Rules of Procedure)
is the subject of the
(action for failure to act) (second
appeal (Article 138(2)
paragraph of Article 21 of the Statute;
of the Rules of
Article 44(4) of the Rules of Procedure)
Procedure)
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Direct actions
(other than intellectual property)
Intellectual property cases Appeals
(f) the
names
of
the
parties
to
the
proceedings before the Board of
Appeal and the addresses which they
had given for the purposes of the notifi
cations to be effected in the course of
those proceedings (first subparagraph of
Article 132(1) of the Rules of Procedure)
(g)
the date on which the decision of the the date on which
Board of Appeal was notified (second the decision of
subparagraph of Article 132(1) of the the Civil Service
Rules of Procedure)
Tribunal that is the
subject of the appeal
was notified (Article
138(2) of the Rules
of Procedure)
b. Procedural rules, non-compliance with which justifies delaying service
63. If an application does not comply with the following procedural rules, service of the application shall
be delayed and a reasonable period shall be prescribed for the purposes of putting the application in
order:
Application lodged in paper format
(lodgment preceded, as the case may be, by dispatch by fax
Application lodged by e-Curia
or email)
(a) indication
of
the
applicant’s
address
(first
paragraph indication of the applicant’s address (first paragraph
of Article 21 of the Statute; Article 44(1)(a) of the of Article 21 of the Statute; Article 44(1)(a) of the
Rules of Procedure; point 19(a), 35(a) or 43(a) of Rules of Procedure; point 19(a), 35(a) or 43(a) of the
the Practice Directions)
Practice Directions)
(b) position of the representative’s handwritten
signature (point 11 of the Practice Directions)
(c) paragraph
numbering
(point
10
of
the
Practice paragraph numbering (point 10 of the Practice
Directions)
Directions)
(d) production
of
the
annexes
mentioned
in
the production of the annexes mentioned in the schedule
schedule (second subparagraph of Article 43(1) of (second subparagraph of Article 43(1) of the Rules
the Rules of Procedure)
of Procedure)
(e) sufficient number of copies of the annexes
mentioned in the schedule (second subparagraph
of Article 43(1) of the Rules of Procedure)
(f)
production of a schedule of annexes (Article 43(4) production of a schedule of annexes (Article 43(4) of
of the Rules of Procedure and point 58 of the the Rules of Procedure and point 58 of the Practice
Practice Directions)
Directions)
(g) sufficient
number
of
copies
of
the
schedule
(second
subparagraph of Article 43(1) of the Rules of
Procedure)
(h) schedule
of
annexes
with
a
short
description
of schedule of annexes with a short description of each
each document (point 58(b) of the Practice Direc document (point 58(b) of the Practice Directions)
tions) and page reference and paragraph number(s) and page reference and paragraph number(s) (point
(point 58(c) of the Practice Directions)
58(c) of the Practice Directions)
(i) sufficient number of copies of the schedule of
annexes with page reference and paragraph
number(s) (second subparagraph of Article 43(1)
of the Rules of Procedure)
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Application lodged in paper format
(lodgment preceded, as the case may be, by dispatch by fax
Application lodged by e-Curia
or email)
(j) sufficient
number
of
copies
of
the
contested
measure or of the documentary evidence of the
date on which the institution was requested to act
(second subparagraph of Article 43(1) of the Rules
of Procedure)
(k)
production of a copy of the contract containing the production of a copy of the contract containing the
arbitration clause (Article 44(5a) of the Rules of arbitration clause (Article 44(5a) of the Rules of
Procedure)
Procedure)
(l) sufficient
number
of
copies
of
the
contract
containing the arbitration clause (second
subparagraph of Article 43(1) of the Rules of
Procedure)
(m) pagination
of
the
application
and
annexes
(points pagination of the application and annexes (points
12(d) and 59 of the Practice Directions)
12(d) and 59 of the Practice Directions)
(n) sufficient number of certified copies of the appli
cation (seven for inter partes intellectual property
cases and six for all other cases) (second
subparagraph of Article 43(1) of the Rules of
Procedure)
(o) production of certified true copies of the appli
cation (second subparagraph of Article 43(1) of
the Rules of Procedure; point 13 of the Practice
Directions)
c. Procedural rules non-observance of which does not prevent service
64. If the application does not comply with the following procedural rules, the application shall be served
and a reasonable period shall be prescribed for the purposes of putting it in order:
(a) address for service (statement of an address for service in Luxembourg and/or agreement to service
by technical means of communication) (Article 44(2) of the Rules of Procedure; Article 10(3) of
the Instructions to the Registrar; points 8 and 19(d) of the Practice Directions);
(b) certificate of authorisation to practise in respect of any additional lawyer (Article 44(3) of the
Rules of Procedure);
(c) other than in intellectual property cases, a summary of the pleas in law and main
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PRACTICE DIRECTIONS TO PARTIES BEFORE THE GENERAL COURT
Table of Contents
I. WRITTEN PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
A. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
A.1. Use of technical means of communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
(1) By means of the e-Curia application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
(2) By fax or email . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
A.2. Presentation of procedural documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
A.3. The presentation of files lodged by means of the e-Curia application . . . . . . . . . . . . . . 27
A.4. Length of pleadings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
B. FORM AND CONTENT OF PLEADINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
B.1. Direct actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
(1) Application and defence (other than in intellectual property cases) . . . . . . . . . . . . 28
a. Application initiating proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
b. Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
(2) Application and response (in intellectual property cases) . . . . . . . . . . . . . . . . . . . . 29
a. Application initiating proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
b. Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
B.2. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
a. Notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
b. Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
C. ANNEXES TO PROCEDURAL DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
D. REGULARISATION OF PROCEDURAL DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
D.1. Regularisation of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
a. Those requirements, non-compliance with which is grounds for not serving the
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
b. Procedural rules, non-compliance with which justifies delaying service . . . . . . . . 33
c. Procedural rules non-observance of which does not prevent service . . . . . . . . . . 34
D.2. Regularisation of lengthy applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
D.3. Regularisation of other procedural documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
E. APPLICATIONS FOR EXPEDITED PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
F. APPLICATIONS FOR SUSPENSION OF OPERATION OR ENFORCEMENT AND OTHER INTERIM
MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
G. APPLICATIONS FOR CONFIDENTIAL TREATMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
a. Applications for leave to intervene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
b. Joined cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
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H. APPLICATIONS CONCERNING A SECOND EXCHANGE OF PLEADINGS . . . . . . . . . . . . . . . . . . . . . . . 37
H.1. Applications for leave to submit a reply or rejoinder in intellectual property cases . . . . 37
H.2. Applications for leave to submit a reply in appeal proceedings . . . . . . . . . . . . . . . . . . . 37
I. APPLICATIONS FOR HEARING OF ORAL ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
I.1. Applications for hearing of oral argument in intellectual property cases . . . . . . . . . . . . 37
I.2. Applications for hearing of oral argument in appeal proceedings . . . . . . . . . . . . . . . . . 38
J. APPLICATIONS FOR LEGAL AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
II. ORAL PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
III. ENTRY INTO FORCE OF THESE PRACTICE DIRECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
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THE GENERAL COURT
Having regard to Article 150 of its Rules of Procedure;
Whereas:
It is in the interest of the sound administration of justice that practice directions be issued to the parties’
representatives, whether lawyers or agents, for the purpose of Article 19 of the Protocol on the Statute of
the Court of Justice of the European Union (‘the Statute’), dealing with the manner in which procedural
documents are to be submitted and how best to prepare for the hearing before the General Court (‘the
Court’);
The present directions reflect, explain and complement provisions in the Court’s Rules of Procedure and are
designed to enable the parties’ representatives to take account of those matters which concern the Court,
particularly those relating to translation, the internal processing of procedural documents and interpretation;
The Instructions to the Registrar dated 5 July 2007 (OJ 2007 L 232, p. 1), as amended on 17 May 2010
(OJ 2010 L 170, p. 53) and on 24 January 2012 (OJ 2012 L 68, p. 23) (‘the Instructions to the Registrar’),
require the Registrar to ensure that procedural documents placed on a case-file comply with the provisions
of the Statute, the Rules of Procedure and these Practice Directions (‘the Practice Directions’) together with
the Instructions to the Registrar; in particular, he is to require that any irregularities of form in documents
lodged be made good and, in default of such regularisation, to refuse, where appropriate, to accept them if
they do not comply with the provisions of the Statute or of the Rules of Procedure;
Compliance with the Practice Directions will assure parties’ representatives, as persons concerned in the
administration of justice, that the procedural documents lodged by them may properly be processed by the
Court and will not, with respect to the matters dealt with in the Practice Directions, entail the application of
Article 90(a) of the Rules of Procedure;
Following consultations with the representatives of the agents of the Member States, of the institutions
acting in proceedings before the Court and of the Council of Bars and Law Societies of Europe (CCBE);
HEREBY DECIDES TO ADOPT THE FOLLOWING PRACTICE DIRECTIONS.
I. WRITTEN PROCEDURE
A. GENERAL PROVISIONS
A.1. Use of technical means of communication
(1) By means of the e-Curia application
1. The lodging of procedural documents by exclusively electronic means is allowed using the e-Curia
application (https://curia.europa.eu/e-Curia) in compliance with the Conditions of use of the e-Curia
application.
2. Annexes to a procedural document, mentioned in the body of that document, which by their nature
cannot be lodged by e-Curia, may be sent separately in accordance with Article 43(1) of the Rules of
Procedure, provided that they are mentioned in the schedule of annexes to the document lodged by e-
Curia. The schedule of annexes must identify which annexes are to be lodged separately. Those
annexes must reach the Registry no later than 10 days after the lodging of the procedural
document by e-Curia.
3. Without prejudice to specific rules, the provisions of these Directions shall be applicable to procedural
documents lodged by means of the e-Curia application.
(2) By fax or email
4. A copy of the signed original of a procedural document may be transmitted to the Registry in
accordance with Article 43(6) of the Rules of Procedure either:
— by fax (fax number: (+352) 4303 2100), or
— by email (email address: GeneralCourt.Registry@curia.europa.eu).
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5. In the case of transmission by email, only a scanned copy of the signed original will be accepted.
Scanned documents should ideally be scanned at a resolution of 300 dpi and submitted in PDF (image
and text) using software such as Acrobat or Readiris 7 Pro. A document dispatched in the form of an
ordinary electronic file which is unsigned or bears an electronic signature or a facsimile signature
generated by computer will not be treated as complying with Article 43(6) of the Rules of Procedure.
Correspondence relating to a case which is received by the Court in the form of an ordinary email
message will not be taken into consideration.
6. The date on which a procedural document is lodged by fax or email will be deemed to be the date of
lodgment for the purposes of compliance with a time-limit only if the original of that document,
bearing the representative’s handwritten signature, is lodged at the Registry no later than 10 days
thereafter, as prescribed under Article 43(6) of the Rules of Procedure.
7. The signed original must be sent without delay, immediately after the dispatch of the copy, without
any corrections or amendments, even of a minor nature, being made thereto. In the event of any
discrepancy between the signed original and the copy previously lodged, only the date of lodging of
the signed original will be taken into consideration. In accordance with the second subparagraph of
Article 43(1) of the Rules of Procedure, the signed original of every procedural document is to be
accompanied by the adequate number of certified copies.
8. Where, in accordance with Article 44(2) of the Rules of Procedure, a party consents to being served
by fax or other technical means of communication, the statement to that effect must specify the fax
number and/or the email address for the purpose of service by the Registry. The recipient’s computer
must be equipped with suitable software (for example, Acrobat or Readiris 7 Pro) enabling communi
cations from the Registry, which will be transmitted in PDF, to be read.
A.2. Presentation of procedural documents
9. The following information must appear on the first page of the procedural document:
(a) the title of the document (application, defence, response, reply, rejoinder, application for leave to
intervene, statement in intervention, objection of inadmissibility, observations on …, replies to
questions, etc.);
(b) the case-number (T-…/…), where it has already been notified by the Registry;
(c) the names of the applicant and of the defendant, and the name of any other party to the
proceedings in intellectual property cases and appeals against decisions of the Civil Service
Tribunal;
(d) the name of the party on whose behalf the document is lodged.
10. Each paragraph of the document must be numbered.
11. In documents not lodged by means of the e-Curia application, the handwritten signature of the party’s
representative is required and must appear at the end of the document. Where more than one
representative is acting for the party concerned, the signing of the document by one representative
shall be sufficient.
12. Procedural documents must be submitted in such a way as to enable them to be processed elec
tronically by the Court.
Accordingly, the following requirements must be complied with:
(a) the text, in A4 format, must be easily legible and appear on one side of the page only;
(b) paper documents produced must be placed together in such a way as to enable them to be easily
undone. They must not be bound together or fixed to each other by any other means (e.g. glued
or stapled);
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(c) the text must appear in characters that are sufficiently large to be easily read ( 1 ) with sufficient line
spacing and margins to ensure that a scanned version will be legible; ( 2 )
(d) the pages of the document must be numbered consecutively in the top right-hand corner; where
annexes to a document are produced, they must be paginated in accordance with the requirements
at point 59 of the Practice Directions.
13. The first page of each copy of the signed original of every procedural document not lodged by means
of the e-Curia application and required to be produced by the parties pursuant to the second
subparagraph of Article 43(1) of the Rules of Procedure must be initialled by the representative of
the party concerned and certified by him as a true copy of the original document.
A.3. The presentation of files lodged by means of the e-Curia application
14. Procedural documents lodged by means of the e-Curia application shall be presented in the form of
files. To assist the Registry in handling them, it is recommended to follow the practical guidance given
in the e-Curia User Manual available on line on the Internet site of the Court of Justice of the
European Union, viz:
— files must include names identifying the document (Pleading, Annexes Part 1, Annexes Part 2,
Covering letter, etc.);
— the procedural document need not necessarily bear a handwritten signature;
— the text of the procedural document can be saved in PDF direct from the word-processing software
without the need of scanning;
— the procedural document must include the schedule of annexes;
— the annexes must be contained in one or more files separate from the file containing the
procedural document. A file may contain several annexes. It is not compulsory to create one
file per annex.
A.4. Length of pleadings
15. Depending on the subject-matter and the circumstances of the case, the maximum number of pages ( 3 )
shall be as follows:
— 50 pages for the application and the defence;
— 20 pages for the application and responses in intellectual property cases;
— 15 pages for the appeal and the response;
— 25 pages for the reply and the rejoinder;
— 15 pages for the reply and the rejoinder in appeal cases and in intellectual property cases;
— 20 pages for an objection of inadmissibility and observations thereon;
— 20 pages for a statement in intervention and 15 pages for observations thereon.
( 1 ) For example, ‘Times New Roman’ 12 font for the main text and ‘Times New Roman’ 10 font for the text of footnotes.
( 2 ) For example, single line spacing, and margins of at least 2,5 cm.
( 3 ) The text must be presented in accordance with the requirements at point 12(c) of these Practice Directions.
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16. Authorisation to exceed those maximum lengths will be given only in cases involving particularly
complex legal or factual issues.
B. FORM AND CONTENT OF PLEADINGS
B.1. Direct actions
17. The Rules of Procedure contain provisions which specifically govern proceedings relating to intel
lectual property rights (Articles 130 to 136). The rules relating to applications and responses lodged in
the context of such proceedings (2) are therefore set out separately from those relating to applications
and defences lodged in the context of any other proceedings (1).
(1) Application and defence (other than in intellectual property cases)
a. Application initiating proceedings
18. The mandatory information to be included in the application initiating proceedings is prescribed by
Article 44 of the Rules of Procedure.
19. The following information must appear at the beginning of the application:
(a) the name and address of the applicant;
(b) the name and capacity of the applicant’s representative;
(c) the identity of the party against whom the application is made;
(d) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
20. The introductory part of the application should be followed by a brief account of the facts giving rise
to the dispute.
21. Legal arguments should be set out and grouped by reference to the particular pleas in law to which
they relate. Each argument or group of arguments should generally be preceded by a summary
statement of the relevant plea. In addition, the pleas in law put forward should ideally each be
given a heading to enable them to be identified easily.
22. The precise wording of the form of order sought by the applicant must be stated either at the
beginning or at the end of the application.
23. In the case of an action for annulment, a copy of the contested measure must be annexed to the
application and identified as such.
24. The documents referred to in Article 44(3) and (5)(a) and (b) of the Rules of Procedure must be
produced together with the application, but separately from the annexes mentioned in the text of the
pleading. For the purposes of the production of the document required by Article 44(3) of the Rules
of Procedure, reference may be made, in accordance with Article 8(2) of the Instructions to the
Registrar, to a document previously lodged at the Registry of the Court.
25. Each application must be accompanied by a summary of the pleas in law and main arguments relied
on, designed to facilitate the drafting of the notice prescribed by Article 24(6) of the Rules of
Procedure. Since the notice is required to be published in the Official Journal of the European Union
in all the official languages, it is requested that the summary should not exceed two pages and that it
should be prepared in accordance with the model available on line on the Internet site of the Court of
Justice of the European Union. It must be produced separately from the annexes mentioned in the
application. The summary must, if not lodged by means of the e-Curia application, be sent by email,
as an ordinary electronic file, to GeneralCourt.Registry@curia.europa.eu, indicating the case to which it
relates.
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26. All evidence offered in support must be expressly and accurately indicated, in such a way as to show
clearly the facts to be proved:
— documentary evidence offered in support must refer to the relevant document number in a
schedule of annexed documents. Alternatively, if a document is not in the applicant’s possession,
the pleading must indicate how the document may be obtained;
— where oral testimony is sought to be given, each proposed witness or person from whom
information is to be obtained must be clearly identified.
27. If the application is lodged after the submission of an application for legal aid, the effect of which,
under Article 96(4) of the Rules of Procedure, is to suspend the period prescribed for the bringing of
an action, this must be stated at the beginning of the application initiating proceedings.
28. If the application is lodged after notification of the order making a decision on an application for legal
aid, reference must also be made in the application to the date on which the order was served on the
applicant.
b. Defence
29. The mandatory information to be included in the defence is prescribed by Article 46(1) of the Rules
of Procedure.
30. In addition to the case-number and the name of the applicant, the following information must appear
at the beginning of the defence:
(a) the name and address of the defendant;
(b) the name and capacity of the defendant’s representative;
(c) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
31. The precise wording of the form of order sought by the defendant must be stated either at the
beginning or at the end of the defence.
32. Points 21, 24 and 26 of the Practice Directions shall apply to the defence.
33. Any fact alleged by the other party which is contested must be specified and the basis on which it is
contested expressly stated.
(2) Application and response (in intellectual property cases)
a. Application initiating proceedings
34. The mandatory information to be included in the application initiating proceedings is prescribed by
Articles 44 and 132(1) of the Rules of Procedure.
35. The following information must appear at the beginning of the application:
(a) the name and address of the applicant;
(b) the name and capacity of the applicant’s representative;
(c) the names of all parties to the proceedings before the Board of Appeal and the addresses given by
them for notification purposes during those proceedings;
(d) the date on which the applicant was notified of the decision of the Board of Appeal that is the
subject-matter of the action;
(e) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
36. The contested decision of the Board of Appeal must be annexed to the application.
37. Points 20 to 22, 24, and 26 to 28 of the Practice Directions shall apply to applications in intellectual
property cases.
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7.3.2012
b. Response
38. The mandatory information to be included in the response is prescribed by Article 46(1) of the Rules
of Procedure.
39. In addition to the case-number and the name of the applicant, the following must appear at the
beginning of the response:
(a) the name and address of the defendant or of the intervener;
(b) the name and capacity of the defendant’s or intervener’s representative;
(c) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
40. The precise wording of the form of order sought by the defendant or by the intervener must be stated
either at the beginning or at the end of the response.
41. Points 21, 24, 26 and 33 of the Practice Directions shall apply to the response. Where, prior to the
response, the other party to the proceedings before the Board of Appeal lodges observations on the
language of the case, in accordance with Article 131(2) of the Rules of Procedure, those observations
shall be accompanied by the document referred to in Article 44(3) of the Rules of Procedure.
B.2. Appeals
a. Notice of appeal
42. The notice of appeal must contain the information prescribed by Article 138(1) of the Rules of
Procedure.
43. The following must appear at the beginning of any notice of appeal:
(a) the name and address of the appellant;
(b) the name and capacity of the appellant’s representative;
(c) a reference to the decision of the Civil Service Tribunal appealed against (nature of the decision,
formation of the Tribunal, date and case-number);
(d) the names of the other parties to the proceedings before the Civil Service Tribunal;
(e) a reference to the date of receipt by the appellant of the decision of the Civil Service Tribunal;
(f) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
44. The precise wording of the form of order sought by the appellant must be stated either at the
beginning or at the end of the notice (Article 139(1) of the Rules of Procedure).
45. It is not generally necessary to describe the background or subject-matter of the proceedings. A
reference to the decision of the Civil Service Tribunal is sufficient.
46. It is recommended that the pleas in law be summarised at the beginning of the notice. Legal
arguments should be set out and grouped by reference to the particular pleas in law in support of
the appeal to which they relate, and in particular by reference to the errors of law relied on.
47. A copy of the decision of the Civil Service Tribunal appealed against shall be annexed to the notice.
EN
7.3.2012 Official
Journal
of
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European
Union L
68/31
48. Each notice of appeal must be accompanied by a summary of the pleas in law and main arguments
relied on, designed to facilitate the drafting of the notice for publication prescribed by Article 24(6) of
the Rules of Procedure. Since the notice is required to be published in the Official Journal of the
European Union in all the official languages, it is requested that the summary should not exceed
two pages and that it should be prepared in accordance with the model available on line on the
Internet site of the Court of Justice of the European Union. It must be produced separately from the
annexes mentioned in the notice of appeal. The summary must, if not lodged by means of the e-Curia
application, be sent by email, as an ordinary electronic file, to GeneralCourt.Registry@curia.europa.eu,
indicating the case to which it relates.
49. The document referred to in Article 44(3) of the Rules of Procedure (certificate that the lawyer is
authorised to practise before a court of a Member State or of another State which is a party to the
Agreement on the European Economic Area) must be produced together with the notice of appeal,
unless the party bringing the appeal is an institution of the Union or a Member State represented by
an agent. For the purposes of the production of the document required by Article 44(3) of the Rules
of Procedure, reference may be made, in accordance with Article 8(2) of the Instructions to the
Registrar, to a document previously lodged at the Registry of the Court.
b. Response
50. The response must contain the information prescribed by Article 141(2) of the Rules of Procedure.
51. In addition to the case-number and the name of the appellant, the following must appear at the
beginning of each response:
(a) the name and address of the party submitting the response;
(b) the name and capacity of that party’s representative;
(c) the date of receipt of the appeal by that party;
(d) the statements referred to in Article 44(2) of the Rules of Procedure (statement of an address for
service in Luxembourg and/or agreement to service by technical means of communication).
52. The precise wording of the form of order sought by the party submitting the response must be stated
either at the beginning or at the end of the response (Article 142(1) of the Rules of Procedure).
53. If the response seeks to set aside, in whole or in part, the decision of the Civil Service Tribunal on a
plea in law which was not raised in the appeal, a reference to that effect should be included in the
heading of the pleading (‘response and cross-appeal’).
54. Legal arguments must, as far as possible, be set out and grouped by reference to the appellant’s pleas
in law and/or, as the case may be, to the pleas in law relating to the cross-appeal.
55. Since the factual and legal background is already included in the judgment under appeal, it should be
repeated in the response only in truly exceptional circumstances, in so far as its presentation in the
notice of appeal is contested or requires clarification. The contested matter of fact or of law must be
identified and the basis of that contest clearly stated.
56. The document referred to in Article 44(3) of the Rules of Procedure (certificate that the lawyer is
authorised to practise before a court of a Member State or of another State which is a party to the
Agreement on the European Economic Area) must be produced together with the response, unless the
party producing it is an institution of the Union or a Member State represented by an agent.
C. ANNEXES TO PROCEDURAL DOCUMENTS
57. Only those documents mentioned in the actual text of a procedural document and which are
necessary in order to prove or illustrate its contents may be submitted as annexes.
L 68/32
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Official Journal of the European Union
7.3.2012
58. Annexes will be accepted only if they are accompanied by a schedule indicating, for each document
annexed:
(a) the number of the annex (by reference to the procedural document to which the documents are
annexed, using a letter and a number: for example, Annex A.1, A.2, … for annexes to the
application; B.1, B.2, … for annexes to the defence; C.1, C.2, … for annexes to the reply; D.1,
D.2, … for annexes to the rejoinder);
(b) a short description of the document (for example, ‘letter’, followed by its date, author and
addressee and the number of pages);
(c) the page reference and paragraph number in the procedural document where that document is
mentioned and its relevance is described.
59. The documents annexed to a procedural document must be paginated in the top right-hand corner, in
ascending order. Pagination of the documents may be made either consecutively with the procedural
document to which they are annexed or consecutively but separately from that document.
60. Where annexes are documents which themselves contain annexes, they must be arranged and
numbered in such a way as to avoid all possibility of confusion and should, where necessary, be
separated by dividers.
61. Each reference to a document lodged must state the relevant annex number as given in the schedule
of annexes and indicate the procedural document with which the annex has been lodged, in the
manner described at point 58 above.
D. REGULARISATION OF PROCEDURAL DOCUMENTS
D.1. Regularisation of applications
a. Those requirements, non-compliance with which is grounds for not serving the application
62. If an application does not comply with the following requirements, the Registry shall not serve it and
a reasonable period shall be prescribed for the purposes of putting it in order:
Direct actions
(other than intellectual property)
Intellectual property cases Appeals
(a) production of the certificate of the production of the certificate of the production of the
lawyer’s authorisation to practise lawyer’s authorisation to practise certificate of the
(Article 44(3) of the Rules of Procedure) (Article 44(3) of the Rules of Procedure) lawyer’s authori
sation to practise
(Article 44(3) of the
Rules of Procedure)
(b) proof
of
the
existence
in
law
of
a
legal proof of the existence in law of a legal
person governed by private law person governed by private law
(Article 44(5)(a) of the Rules of (Article 44(5)(a) of the Rules of
Procedure)
Procedure)
(c) authority
(Article
44(5)(b)
of
the
Rules authority (Article 44(5)(b) of the Rules
of Procedure)
of Procedure)
(d) proof
that
that
authority
has
been proof that that authority has been
properly conferred by someone auth properly conferred by someone auth
orised for the purpose (Article 44(5)(b) orised for the purpose (Article 44(5)(b)
of the Rules of Procedure)
of the Rules of Procedure)
(e) production
of
the
contested
measure production of the contested decision of production of the
(action for annulment) or of the docu the Board of Appeal (second decision of the Civil
mentary evidence of the date on which subparagraph of Article 132(1) of the Service Tribunal that
the institution was requested to act Rules of Procedure)
is the subject of the
(action for failure to act) (second
appeal (Article 138(2)
paragraph of Article 21 of the Statute;
of the Rules of
Article 44(4) of the Rules of Procedure)
Procedure)
EN
7.3.2012 Official
Journal
of
the
European
Union L
68/33
Direct actions
(other than intellectual property)
Intellectual property cases Appeals
(f) the
names
of
the
parties
to
the
proceedings before the Board of
Appeal and the addresses which they
had given for the purposes of the notifi
cations to be effected in the course of
those proceedings (first subparagraph of
Article 132(1) of the Rules of Procedure)
(g)
the date on which the decision of the the date on which
Board of Appeal was notified (second the decision of
subparagraph of Article 132(1) of the the Civil Service
Rules of Procedure)
Tribunal that is the
subject of the appeal
was notified (Article
138(2) of the Rules
of Procedure)
b. Procedural rules, non-compliance with which justifies delaying service
63. If an application does not comply with the following procedural rules, service of the application shall
be delayed and a reasonable period shall be prescribed for the purposes of putting the application in
order:
Application lodged in paper format
(lodgment preceded, as the case may be, by dispatch by fax
Application lodged by e-Curia
or email)
(a) indication
of
the
applicant’s
address
(first
paragraph indication of the applicant’s address (first paragraph
of Article 21 of the Statute; Article 44(1)(a) of the of Article 21 of the Statute; Article 44(1)(a) of the
Rules of Procedure; point 19(a), 35(a) or 43(a) of Rules of Procedure; point 19(a), 35(a) or 43(a) of the
the Practice Directions)
Practice Directions)
(b) position of the representative’s handwritten
signature (point 11 of the Practice Directions)
(c) paragraph
numbering
(point
10
of
the
Practice paragraph numbering (point 10 of the Practice
Directions)
Directions)
(d) production
of
the
annexes
mentioned
in
the production of the annexes mentioned in the schedule
schedule (second subparagraph of Article 43(1) of (second subparagraph of Article 43(1) of the Rules
the Rules of Procedure)
of Procedure)
(e) sufficient number of copies of the annexes
mentioned in the schedule (second subparagraph
of Article 43(1) of the Rules of Procedure)
(f)
production of a schedule of annexes (Article 43(4) production of a schedule of annexes (Article 43(4) of
of the Rules of Procedure and point 58 of the the Rules of Procedure and point 58 of the Practice
Practice Directions)
Directions)
(g) sufficient
number
of
copies
of
the
schedule
(second
subparagraph of Article 43(1) of the Rules of
Procedure)
(h) schedule
of
annexes
with
a
short
description
of schedule of annexes with a short description of each
each document (point 58(b) of the Practice Direc document (point 58(b) of the Practice Directions)
tions) and page reference and paragraph number(s) and page reference and paragraph number(s) (point
(point 58(c) of the Practice Directions)
58(c) of the Practice Directions)
(i) sufficient number of copies of the schedule of
annexes with page reference and paragraph
number(s) (second subparagraph of Article 43(1)
of the Rules of Procedure)
L 68/34
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Official Journal of the European Union
7.3.2012
Application lodged in paper format
(lodgment preceded, as the case may be, by dispatch by fax
Application lodged by e-Curia
or email)
(j) sufficient
number
of
copies
of
the
contested
measure or of the documentary evidence of the
date on which the institution was requested to act
(second subparagraph of Article 43(1) of the Rules
of Procedure)
(k)
production of a copy of the contract containing the production of a copy of the contract containing the
arbitration clause (Article 44(5a) of the Rules of arbitration clause (Article 44(5a) of the Rules of
Procedure)
Procedure)
(l) sufficient
number
of
copies
of
the
contract
containing the arbitration clause (second
subparagraph of Article 43(1) of the Rules of
Procedure)
(m) pagination
of
the
application
and
annexes
(points pagination of the application and annexes (points
12(d) and 59 of the Practice Directions)
12(d) and 59 of the Practice Directions)
(n) sufficient number of certified copies of the appli
cation (seven for inter partes intellectual property
cases and six for all other cases) (second
subparagraph of Article 43(1) of the Rules of
Procedure)
(o) production of certified true copies of the appli
cation (second subparagraph of Article 43(1) of
the Rules of Procedure; point 13 of the Practice
Directions)
c. Procedural rules non-observance of which does not prevent service
64. If the application does not comply with the following procedural rules, the application shall be served
and a reasonable period shall be prescribed for the purposes of putting it in order:
(a) address for service (statement of an address for service in Luxembourg and/or agreement to service
by technical means of communication) (Article 44(2) of the Rules of Procedure; Article 10(3) of
the Instructions to the Registrar; points 8 and 19(d) of the Practice Directions);
(b) certificate of authorisation to practise in respect of any additional lawyer (Article 44(3) of the
Rules of Procedure);
(c) other than in intellectual property cases, a summary of the pleas in law and main
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