HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
29.9.2012 Official
Journal
of
the
European
Union L
265/1
II
(Non-legislative acts)
RULES OF PROCEDURE
RULES OF PROCEDURE OF THE COURT OF JUSTICE
Table of Contents
Page
INTRODUCTORY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Article 1
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
Article 2
Purport of these Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
TITLE I - ORGANISATION OF THE COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CHAPTER 1 - JUDGES AND ADVOCATES GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Article 3
Commencement of the term of office of Judges and Advocates General . . . . . . . . . . . . . . . . 10
Article 4
Taking of the oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Article 5
Solemn undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Article 6
Depriving a Judge or Advocate General of his office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Article 7
Order of seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CHAPTER 2 - PRESIDENCY OF THE COURT, CONSTITUTION OF THE CHAMBERS AND DESIGNATION OF
THE FIRST ADVOCATE GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Article 8
Election of the President and of the Vice-President of the Court . . . . . . . . . . . . . . . . . . . . . . 10
Article 9
Responsibilities of the President of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Article 10
Responsibilities of the Vice-President of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Article 11
Constitution of Chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Article 12
Election of Presidents of Chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Article 13
Where the President and Vice-President of the Court are prevented from acting . . . . . . . . . . 11
Article 14
Designation of the First Advocate General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
CHAPTER 3 - ASSIGNMENT OF CASES TO JUDGE-RAPPORTEURS AND ADVOCATES GENERAL . . . . . . . . . 11
Article 15
Designation of the Judge-Rapporteur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Article 16
Designation of the Advocate General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
CHAPTER 4 - ASSISTANT RAPPORTEURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 17
Assistant Rapporteurs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
CHAPTER 5 - REGISTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 18
Appointment of the Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

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Article 19
Deputy Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 20
Responsibilities of the Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 21
Keeping of the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 22
Consultation of the register and of judgments and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CHAPTER 6 - THE WORKING OF THE COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 23
Location of the sittings of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 24
Calendar of the Court’s judicial business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 25
General meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 26
Drawing-up of minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CHAPTER 7 - FORMATIONS OF THE COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 1. Composition of the formations of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 27
Composition of the Grand Chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 28
Composition of the Chambers of five and of three Judges . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Article 29
Composition of Chambers where cases are related or referred back . . . . . . . . . . . . . . . . . . . . 14
Article 30
Where a President of a Chamber is prevented from acting . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Article 31
Where a member of the formation of the Court is prevented from acting . . . . . . . . . . . . . . 14
Section 2. Deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Article 32
Procedures concerning deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Article 33
Number of Judges taking part in the deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Article 34
Quorum of the Grand Chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Article 35
Quorum of the Chambers of five and of three Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CHAPTER 8 - LANGUAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Article 36
Language of a case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Article 37
Determination of the language of a case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Article 38
Use of the language of the case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Article 39
Responsibility of the Registrar concerning language arrangements . . . . . . . . . . . . . . . . . . . . . 16
Article 40
Languages of the publications of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Article 41
Authentic texts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Article 42
Language service of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
TITLE II - COMMON PROCEDURAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
CHAPTER 1 - RIGHTS AND OBLIGATIONS OF AGENTS, ADVISERS AND LAWYERS . . . . . . . . . . . . . . . . . . 16
Article 43
Privileges, immunities and facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Article 44
Status of the parties’ representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Article 45
Waiver of immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Article 46
Exclusion from the proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

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Article 47
University teachers and parties to the main proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
CHAPTER 2 - SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Article 48
Methods of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
CHAPTER 3 - TIME-LIMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 49
Calculation of time-limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 50
Proceedings against a measure adopted by an institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 51
Extension on account of distance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 52
Setting and extension of time-limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
CHAPTER 4 - DIFFERENT PROCEDURES FOR DEALING WITH CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 53
Procedures for dealing with cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 54
Joinder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 55
Stay of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Article 56
Deferment of the determination of a case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CHAPTER 5 - WRITTEN PART OF THE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Article 57
Lodging of procedural documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Article 58
Length of procedural documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CHAPTER 6 - THE PRELIMINARY REPORT AND ASSIGNMENT OF CASES TO FORMATIONS OF THE COURT 19
Article 59
Preliminary report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Article 60
Assignment of cases to formations of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
CHAPTER 7 - MEASURES OF ORGANISATION OF PROCEDURE AND MEASURES OF INQUIRY . . . . . . . . . 20
Section 1. Measures of organisation of procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Article 61
Measures of organisation prescribed by the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Article 62
Measures of organisation prescribed by the Judge-Rapporteur or the Advocate General . . . . . 20
Section 2. Measures of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Article 63
Decision on measures of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Article 64
Determination of measures of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Article 65
Participation in measures of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Article 66
Oral testimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Article 67
Examination of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Article 68
Witnesses’ oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Article 69
Pecuniary penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Article 70
Expert’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Article 71
Expert’s oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Article 72
Objection to a witness or expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Article 73
Witnesses’ and experts’ costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

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Article 74
Minutes of inquiry hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 75
Opening of the oral part of the procedure after the inquiry . . . . . . . . . . . . . . . . . . . . . . . . . 22
CHAPTER 8 - ORAL PART OF THE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 76
Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 77
Joint hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 78
Conduct of oral proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 79
Cases heard in camera . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 80
Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 81
Close of the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 82
Delivery of the Opinion of the Advocate General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 83
Opening or reopening of the oral part of the procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Article 84
Minutes of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Article 85
Recording of the hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CHAPTER 9 - JUDGMENTS AND ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Article 86
Date of delivery of a judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Article 87
Content of a judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Article 88
Delivery and service of the judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Article 89
Content of an order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Article 90
Signature and service of the order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 91
Binding nature of judgments and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 92
Publication in the Official Journal of the European Union . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
TITLE III - REFERENCES FOR A PRELIMINARY RULING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
CHAPTER 1 - GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 93
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 94
Content of the request for a preliminary ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 95
Anonymity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 96
Participation in preliminary ruling proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 97
Parties to the main proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 98
Translation and service of the request for a preliminary ruling . . . . . . . . . . . . . . . . . . . . . . . 25
Article 99
Reply by reasoned order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Article 100 Circumstances in which the Court remains seised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Article 101 Request for clarification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Article 102 Costs of the preliminary ruling proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Article 103 Rectification of judgments and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Article 104 Interpretation of preliminary rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

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CHAPTER 2 - EXPEDITED PRELIMINARY RULING PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Article 105 Expedited procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Article 106 Transmission of procedural documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
CHAPTER 3 - URGENT PRELIMINARY RULING PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Article 107 Scope of the urgent preliminary ruling procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Article 108 Decision as to urgency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Article 109 Written part of the urgent procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Article 110 Service and information following the close of the written part of the procedure . . . . . . . . . 27
Article 111 Omission of the written part of the procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Article 112 Decision on the substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Article 113 Formation of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Article 114 Transmission of procedural documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
CHAPTER 4 - LEGAL AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Article 115 Application for legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Article 116 Decision on the application for legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Article 117 Sums to be advanced as legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Article 118 Withdrawal of legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
TITLE IV - DIRECT ACTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
CHAPTER 1 - REPRESENTATION OF THE PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Article 119 Obligation to be represented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
CHAPTER 2 - WRITTEN PART OF THE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Article 120 Content of the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Article 121 Information relating to service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Article 122 Annexes to the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Article 123 Service of the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Article 124 Content of the defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Article 125 Transmission of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Article 126 Reply and rejoinder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER 3 - PLEAS IN LAW AND EVIDENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Article 127 New pleas in law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Article 128 Evidence produced or offered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER 4 - INTERVENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Article 129 Object and effects of the intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Article 130 Application to intervene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Article 131 Decision on applications to intervene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

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Article 132 Submission of statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
CHAPTER 5 - EXPEDITED PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Article 133 Decision relating to the expedited procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Article 134 Written part of the procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Article 135 Oral part of the procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Article 136 Decision on the substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
CHAPTER 6 - COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 137 Decision as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 138 General rules as to allocation of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 139 Unreasonable or vexatious costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 140 Costs of interveners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 141 Costs in the event of discontinuance or withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 142 Costs where a case does not proceed to judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 143 Costs of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 144 Recoverable costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 145 Dispute concerning the costs to be recovered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Article 146 Procedure for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
CHAPTER 7 - AMICABLE SETTLEMENT, DISCONTINUANCE, CASES THAT DO NOT PROCEED TO JUDGMENT
AND PRELIMINARY ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Article 147 Amicable settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Article 148 Discontinuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Article 149 Cases that do not proceed to judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Article 150 Absolute bar to proceeding with a case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Article 151 Preliminary objections and issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
CHAPTER 8 - JUDGMENTS BY DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Article 152 Judgments by default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
CHAPTER 9 - REQUESTS AND APPLICATIONS RELATING TO JUDGMENTS AND ORDERS . . . . . . . . . . . . . 33
Article 153 Competent formation of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Article 154 Rectification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Article 155 Failure to adjudicate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Article 156 Application to set aside . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Article 157 Third-party proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Article 158 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Article 159 Revision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
CHAPTER 10 - SUSPENSION OF OPERATION OR ENFORCEMENT AND OTHER INTERIM MEASURES . . . . . . 34
Article 160 Application for suspension or for interim measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Article 161 Decision on the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

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Article 162 Order for suspension of operation or for interim measures . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Article 163 Change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Article 164 New application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Article 165 Applications pursuant to Articles 280 TFEU and 299 TFEU and Article 164 TEAEC . . . . . . . 35
Article 166 Application pursuant to Article 81 TEAEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
TITLE V - APPEALS AGAINST DECISIONS OF THE GENERAL COURT . . . . . . . . . . . . . . . . . . . . . . . . . 35
CHAPTER 1 - FORM AND CONTENT OF THE APPEAL, AND FORM OF ORDER SOUGHT . . . . . . . . . . . . . . 35
Article 167 Lodging of the appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Article 168 Content of the appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Article 169 Form of order sought, pleas in law and arguments of the appeal . . . . . . . . . . . . . . . . . . . . . 36
Article 170 Form of order sought in the event that the appeal is allowed . . . . . . . . . . . . . . . . . . . . . . . . 36
CHAPTER 2 - RESPONSES, REPLIES AND REJOINDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Article 171 Service of the appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Article 172 Parties authorised to lodge a response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Article 173 Content of the response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Article 174 Form of order sought in the response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Article 175 Reply and rejoinder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
CHAPTER 3 - FORM AND CONTENT OF THE CROSS-APPEAL, AND FORM OF ORDER SOUGHT . . . . . . . . 36
Article 176 Cross-appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Article 177 Content of the cross-appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Article 178 Form of order sought, pleas in law and arguments of the cross-appeal . . . . . . . . . . . . . . . . . 37
CHAPTER 4 - PLEADINGS CONSEQUENT ON THE CROSS-APPEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Article 179 Response to the cross-appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Article 180 Reply and rejoinder on a cross-appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
CHAPTER 5 - APPEALS DETERMINED BY ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Article 181 Manifestly inadmissible or manifestly unfounded appeal or cross-appeal . . . . . . . . . . . . . . . . 37
Article 182 Manifestly well-founded appeal or cross-appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
CHAPTER 6 - EFFECT ON A CROSS-APPEAL OF THE REMOVAL OF THE APPEAL FROM THE REGISTER 37
Article 183 Effect on a cross-appeal of the discontinuance or manifest inadmissibility of the appeal . . . . 37
CHAPTER 7 - COSTS AND LEGAL AID IN APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Article 184 Costs in appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Article 185 Legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Article 186 Prior application for legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Article 187 Decision on the application for legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Article 188 Sums to be advanced as legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

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Article 189 Withdrawal of legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
CHAPTER 8 - OTHER PROVISIONS APPLICABLE TO APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Article 190 Other provisions applicable to appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
TITLE VI - REVIEW OF DECISIONS OF THE GENERAL COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Article 191 Reviewing Chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Article 192 Information and communication of decisions which may be reviewed . . . . . . . . . . . . . . . . . . 39
Article 193 Review of decisions given on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Article 194 Review of preliminary rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Article 195 Judgment on the substance of the case after a decision to review . . . . . . . . . . . . . . . . . . . . . 40
TITLE VII - OPINIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Article 196 Written part of the procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Article 197 Designation of the Judge-Rapporteur and of the Advocate General . . . . . . . . . . . . . . . . . . . . 40
Article 198 Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Article 199 Time-limit for delivering the Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Article 200 Delivery of the Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
TITLE VIII - PARTICULAR FORMS OF PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Article 201 Appeals against decisions of the arbitration committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Article 202 Procedure under Article 103 TEAEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Article 203 Procedures under Articles 104 TEAEC and 105 TEAEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Article 204 Procedure provided for by Article 111(3) of the EEA Agreement . . . . . . . . . . . . . . . . . . . . . 41
Article 205 Settlement of the disputes referred to in Article 35 TEU in the version in force before the entry
into force of the Treaty of Lisbon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Article 206 Requests under Article 269 TFEU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Article 207 Supplementary rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Article 208 Implementing rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Article 209 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Article 210 Publication and entry into force of these Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

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RULES OF PROCEDURE OF THE COURT OF JUSTICE
THE COURT OF JUSTICE
(4) Conversely,
the excessive complexity of certain
procedures, such as the review procedure, has come to
light on their implementation. Accordingly, they should
Having regard to the Treaty on European Union, and in
be simplified by providing, inter alia, for a Chamber of
particular Article 19 thereof,
five Judges to be designated for a period of one year to
be responsible for ruling both on the First Advocate
General’s proposal to review and on the questions to
Having regard to the Treaty on the Functioning of the European
be reviewed.
Union, and in particular the sixth paragraph of Article 253
thereof,
(5) Similarly,
the
procedural
arrangements
for
dealing
with
requests for Opinions should be eased by aligning them
Having regard to the Treaty establishing the European Atomic
with those that apply to other cases and by providing, in
Energy Community, and in particular Article 106a(1) thereof,
consequence, for a single Advocate General to be
involved in dealing with the request for an Opinion. In
the interests of making the Rules easier to understand, all
Having regard to the Protocol on the Statute of the Court of
the particular procedures currently to be found in a
Justice of the European Union, and in particular Article 63 and
number of separate titles and chapters of the Rules of
the second paragraph of Article 64 thereof,
Procedure should also be brought together in a single
title.
Whereas:
(6)
In order to maintain the Court’s capacity, in the face of
an ever-increasing caseload, to dispose within a
(1) Despite
having
been
amended
on
several
occasions
over
the years, the Rules of Procedure of the Court of Justice
reasonable period of time of the cases brought before
have remained fundamentally unchanged in structure
it, it is also necessary to continue the efforts made to
since their original adoption on 4 March 1953. The
reduce the duration of proceedings before the Court, in
Rules of Procedure of 19 June 1991, which are
particular by extending the opportunities for the Court to
rule by reasoned order, simplifying the rules relating to
currently in force, still reflect the initial preponderance
the intervention of the States and institutions referred to
of direct actions, whereas in fact the majority of such
in the first and third paragraphs of Article 40 of the
actions now fall within the jurisdiction of the General
Statute and providing for the Court to be able to rule
Court, and references for a preliminary ruling from the
without a hearing if it considers that it has sufficient
courts and tribunals of the Member States represent,
information on the basis of all the written observations
quantitatively, the primary category of cases brought
lodged in a case.
before the Court. That fact should be taken into

account and the structure and content of the Rules of
Procedure of the Court adapted, in consequence, to
(7)
In the interests of making the Rules applied by the Court
changes in its caseload.
easier to understand, lastly, certain rules which are
outdated or not applied should be deleted, every
paragraph of the present Rules numbered, each article
(2) While
references
for
a
preliminary
ruling
should
be
given
given a specific heading summarising its content and
their proper place in the Rules of Procedure, it is also
the terminology harmonised.
appropriate to draw a clearer distinction between the
rules that apply to all types of action and those that
are specific to each type, to be contained in separate
With the Council’s approval given on 24 September 2012.
titles. In the interests of clarification, procedural
provisions common to all cases brought before the
Court should, therefore, all be contained in an initial title.
HAS ADOPTED THESE RULES OF PROCEDURE:
(3)
In the light of experience gained in the course of imple
INTRODUCTORY PROVISIONS
menting the various procedures, it is also necessary to
Article 1
supplement or to clarify, for the benefit of litigants as
well as of national courts and tribunals, the rules that
Definitions
apply to each procedure. The rules in question concern,
in particular, the concepts of party to the main
1. In
these
Rules:
proceedings, intervener and party to the proceedings
before the General Court, or, in preliminary rulings, the
(a) provisions of the Treaty on European Union are referred to
rules governing the bringing of matters before the Court
by the number of the article concerned followed by ‘TEU’,
and the content of the order for reference. With regard
to appeals against decisions of the General Court, a
clearer distinction must also be drawn between appeals
(b) provisions of the Treaty on the Functioning of the European
and cross-appeals in consequence of the service of an
Union are referred to by the number of the article
appeal on the cross-appellant.
concerned followed by ‘TFEU’,

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(c) provisions of the Treaty establishing the European Atomic
‘I swear that I will perform my duties impartially and
Energy Community are referred to by the number of the
conscientiously; I swear that I will preserve the secrecy of
article concerned followed by ‘TEAEC’,
the deliberations of the Court.’
(d) ‘Statute’ means the Protocol on the Statute of the Court of
Justice of the European Union,
Article 5
Solemn undertaking
(e) ‘EEA Agreement’ means the Agreement on the European
Economic Area, ( 1 )
Immediately after taking the oath, a Judge or Advocate General
shall sign a declaration by which he gives the solemn under
(f) ‘Council Regulation No 1’ means Council Regulation No 1
taking provided for in the third paragraph of Article 4 of the
of 15 April 1958 determining the languages to be used by
Statute.
the European Economic Community. ( 2 )
Article 6
2. For
the
purposes
of
these
Rules:
Depriving a Judge or Advocate General of his office
(a) ‘institutions’ means the institutions of the European Union
referred to in Article 13(1) TEU and bodies, offices and
1. Where
the
Court
is
called
upon,
pursuant
to
Article
6
of
agencies established by the Treaties, or by an act adopted
the Statute, to decide whether a Judge or Advocate General no
in implementation thereof, which may be parties before the
longer fulfils the requisite conditions or no longer meets the
Court,
obligations arising from his office, the President shall invite the
Judge or Advocate General concerned to make representations.
(b) ‘EFTA Surveillance Authority’ means the surveillance
authority referred to in the EEA Agreement,
2. The
Court
shall
give
a
decision
in
the
absence
of
the
Registrar.
(c) ‘interested persons referred to in Article 23 of the Statute’
means all the parties, States, institutions, bodies, offices and
agencies authorised, pursuant to that Article, to submit
Article 7
statements of case or observations in the context of a
reference for a preliminary ruling.
Order of seniority
1. The
seniority
of
Judges
and
Advocates
General
shall
be
Article 2
calculated without distinction according to the date on which
Purport of these Rules
they took up their duties.
These Rules implement and supplement, so far as necessary, the
relevant provisions of the EU, FEU and EAEC Treaties, and the
2. Where
there
is
equal
seniority
on
that
basis,
the
order
of
Statute.
seniority shall be determined by age.
TITLE I
3. Judges
and
Advocates
General
whose
terms
of
office
are
ORGANISATION OF THE COURT
renewed shall retain their former seniority.
Chapter 1
Chapter 2
JUDGES AND ADVOCATES GENERAL
PRESIDENCY OF THE COURT, CONSTITUTION OF THE CHAMBERS
Article 3
AND DESIGNATION OF THE FIRST ADVOCATE GENERAL
Commencement of the term of office of Judges and
Article 8
Advocates General
Election of the President and of the Vice-President of the
The term of office of a Judge or Advocate General shall begin
Court
on the date fixed for that purpose in the instrument of
appointment. In the absence of any provisions in that
1. The
Judges
shall,
immediately
after
the
partial
replacement
instrument regarding the date of commencement of the term
provided for in the second paragraph of Article 253 TFEU, elect
of office, that term shall begin on the date of publication of the
one of their number as President of the Court for a term of
instrument in the Official Journal of the European Union.
three years.
Article 4
2. If the office of the President falls vacant before the normal
Taking of the oath
date of expiry of the term thereof, the Court shall elect a
successor for the remainder of the term.
Before taking up his duties, a Judge or Advocate General shall,
at the first public sitting of the Court which he attends after his
appointment, take the following oath provided for in Article 2
3. The
elections
provided
for
in
this
Article
shall
be
by
secret
of the Statute:
ballot. The Judge obtaining the votes of more than half the
Judges of the Court shall be elected. If no Judge obtains that
( 1 ) OJ L 1, 3.1.1994, p. 27.
majority, further ballots shall be held until that majority is
( 2 ) OJ, English Special Edition 1952-1958 (I), p. 59.
attained.

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Union L
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4. The
Judges
shall
then
elect
one
of
their
number
as
Vice- 4. In respect of cases assigned to a Chamber of five or three
President of the Court for a term of three years, in accordance
Judges, the powers of the President of the Court shall be
with the procedures laid down in the preceding paragraph.
exercised by the President of the Chamber.
Paragraph 2 shall apply if the office of the Vice-President of
the Court falls vacant before the normal date of expiry of the
5. The
composition
of
the
Chambers
and
the
designation
of
term thereof.
the Chambers responsible for cases of the kind referred to in
Article 107 and Articles 193 and 194 shall be published in the
Official Journal of the European Union.
5. The
names
of
the
President
and
Vice-President
elected
in
accordance with this Article shall be published in the Official
Journal of the European Union.
Article 12
Election of Presidents of Chambers
Article 9
1. The
Judges
shall,
immediately
after
the
election
of
the
President and Vice-President of the Court, elect the Presidents
Responsibilities of the President of the Court
of the Chambers of five Judges for a term of three years.
1. The
President
shall
represent
the
Court.
2. The
Judges
shall
then
elect
the
Presidents
of
the
Chambers
of three Judges for a term of one year.
2. The
President
shall
direct
the
judicial
business
of
the
Court. He shall preside at general meetings of the Members of
the Court and at hearings before and deliberations of the full
3. The
provisions
of
Article
8(2)
and
(3)
shall
apply.
Court and the Grand Chamber.
4. The
names
of
the
Presidents
of
Chambers
elected
in
accordance with this Article shall be published in the Official
3. The
President
shall
ensure
the
proper
functioning
of
the Journal of the European Union.
services of the Court.
Article 13
Article 10
Where the President and Vice-President of the Court are
prevented from acting
Responsibilities of the Vice-President of the Court
When the President and the Vice-President of the Court are
1. The
Vice-President
shall
assist
the
President
of
the
Court
in prevented from acting, the functions of President shall be
the performance of his duties and shall take the President’s place
exercised by one of the Presidents of the Chambers of five
when the latter is prevented from acting.
Judges or, failing that, by one of the Presidents of the
Chambers of three Judges or, failing that, by one of the other
Judges, according to the order of seniority laid down in
2. He
shall
take
the
President’s
place,
at
his
request,
in Article 7.
performing the duties referred to in Article 9(1) and (3) of
these Rules.
Article 14
Designation of the First Advocate General
3. The
Court
shall,
by
decision,
specify
the
conditions
under
which the Vice-President shall take the place of the President of
1. The
Court
shall,
after
hearing
the
Advocates
General,
the Court in the performance of his judicial duties. That
designate a First Advocate General for a period of one year.
decision shall be published in the Official Journal of the
European Union.
2. If the office of the First Advocate General falls vacant
before the normal date of expiry of the term thereof, the
Court shall designate a successor for the remainder of the term.
Article 11
Constitution of Chambers
3. The name of the First Advocate General designated in
accordance with this Article shall be published in the Official
1. The
Court
shall
set
up
Chambers
of
five
and
three
Judges Journal of the European Union.
in accordance with Article 16 of the Statute and shall decide
which Judges shall be attached to them.
Chapter 3
ASSIGNMENT OF CASES TO JUDGE-RAPPORTEURS AND
2. The
Court
shall
designate
the
Chambers
of
five
Judges
ADVOCATES GENERAL
which, for a period of one year, shall be responsible for cases
of the kind referred to in Article 107 and Articles 193 and 194.
Article 15
Designation of the Judge-Rapporteur
3. In respect of cases assigned to a formation of the Court in
1. As
soon
as
possible
after
the
document
initiating
accordance with Article 60, the word ‘Court’ in these Rules shall
proceedings has been lodged, the President of the Court shall
mean that formation.
designate a Judge to act as Rapporteur in the case.

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2. For
cases
of
the
kind
referred
to
in
Article
107
and
3. The
vote,
in
which
the
Judges
and
the
Advocates
General
Articles 193 and 194, the Judge-Rapporteur shall be selected
shall take part, shall take place in accordance with the
from among the Judges of the Chamber designated in
procedure laid down in Article 8(3) of these Rules.
accordance with Article 11(2), on a proposal from the
President of that Chamber. If, pursuant to Article 109, the
4. The
Registrar
shall
be
appointed
for
a
term
of
six
years.
Chamber decides that the reference is not to be dealt with
He may be reappointed. The Court may decide to renew the
under the urgent procedure, the President of the Court may
term of office of the incumbent Registrar without availing itself
reassign the case to a Judge-Rapporteur attached to another
of the procedure laid down in paragraph 2 of this Article.
Chamber.
3. The
President
of
the
Court
shall
take
the
necessary
steps
if 5. The
Registrar
shall
take
the
oath
set
out
in
Article
4
and
a Judge-Rapporteur is prevented from acting.
sign the declaration provided for in Article 5.
Article 16
6. The
Registrar
may
be
deprived
of
his
office
only
if
he
no
longer fulfils the requisite conditions or no longer meets the
Designation of the Advocate General
obligations arising from his office. The Court shall take its
decision after giving the Registrar an opportunity to make
1. The
First
Advocate
General
shall
assign
each
case
to
an representations.
Advocate General.
2.
The First Advocate General shall take the necessary steps if
7. If the office of Registrar falls vacant before the normal
an Advocate General is prevented from acting.
date of expiry of the term thereof, the Court shall appoint a
new Registrar for a term of six years.
Chapter 4
8. The
name
of
the
Registrar
elected
in
accordance
with
this
ASSISTANT RAPPORTEURS
Article shall be published in the Official Journal of the European
Union.
Article 17
Assistant Rapporteurs
Article 19
1. Where the Court is of the opinion that the consideration
Deputy Registrar
of and preparatory inquiries in cases before it so require, it shall,
pursuant to Article 13 of the Statute, propose the appointment
The Court may, in accordance with the procedure laid down in
of Assistant Rapporteurs.
respect of the Registrar, appoint a Deputy Registrar to assist the
Registrar and to take his place if he is prevented from acting.
2. Assistant
Rapporteurs
shall
in
particular:
Article 20
(a) assist the President of the Court in interim proceedings and
Responsibilities of the Registrar
(b) assist the Judge-Rapporteurs in their work.
1. The
Registrar
shall
be
responsible,
under
the
authority
of
the President of the Court, for the acceptance, transmission and
custody of all documents and for effecting service as provided
3. In the performance of their duties the Assistant
Rapporteurs shall be responsible to the President of the
for by these Rules.
Court, the President of a Chamber or a Judge-Rapporteur, as
the case may be.
2. The
Registrar
shall
assist
the
Members
of
the
Court
in
all
their official functions.
4. Before
taking
up
his
duties,
an
Assistant
Rapporteur
shall
take before the Court the oath set out in Article 4 of these
3. The Registrar shall have custody of the seals and shall be
Rules.
responsible for the records. He shall be in charge of the
publications of the Court and, in particular, the European
Chapter 5
Court Reports.
REGISTRY
4. The
Registrar
shall
direct
the
services
of
the
Court
under
Article 18
the authority of the President of the Court. He shall be
responsible for the management of the staff and the adminis
Appointment of the Registrar
tration, and for the preparation and implementation of the
1. The
Court
shall
appoint
the
Registrar.
budget.
2. When
the
post
of
Registrar
is
vacant,
an
advertisement
Article 21
shall be published in the Official Journal of the European Union.
Keeping of the register
Interested persons shall be invited to submit their applications
within a time-limit of not less than three weeks, accompanied
1. There shall be kept in the Registry, under the responsi
by full details of their nationality, university degrees, knowledge
bility of the Registrar, a register in which all procedural
of languages, present and past occupations, and experience, if
documents and supporting items and documents lodged shall
any, in judicial and international fields.
be entered in the order in which they are submitted.

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2. When
a
document
has
been
registered,
the
Registrar
shall
Article 25
make a note to that effect on the original and, if a party so
requests, on any copy submitted for the purpose.
General meeting
Decisions concerning administrative issues or the action to be
3. Entries
in
the
register
and
the
notes
provided
for
in
the taken upon the proposals contained in the preliminary report
preceding paragraph shall be authentic.
referred to in Article 59 of these Rules shall be taken by the
Court at the general meeting in which all the Judges and
Advocates General shall take part and have a vote. The
4. A
notice
shall
be
published
in
the Official Journal of the
Registrar shall be present, unless the Court decides to the
European Union indicating the date of registration of an appli
contrary.
cation initiating proceedings, the names of the parties, the form
of order sought by the applicant and a summary of the pleas in
law and of the main supporting arguments or, as the case may
be, the date of lodging of a request for a preliminary ruling, the
Article 26
identity of the referring court or tribunal and the parties to the
Drawing-up of minutes
main proceedings, and the questions referred to the Court.
Where the Court sits without the Registrar being present it
shall, if necessary, instruct the most junior Judge for the
Article 22
purposes of Article 7 of these Rules to draw up minutes,
Consultation of the register and of judgments and orders
which shall be signed by that Judge and by the President.
1. Anyone may consult the register at the Registry and may
obtain copies or extracts on payment of a charge on a scale
fixed by the Court on a proposal from the Registrar.
Chapter 7
FORMATIONS OF THE COURT
2. The
parties
to
a
case
may,
on
payment
of
the
appropriate
charge, obtain certified copies of procedural documents.
Section 1. Composition of the formations of the Court
Article 27
3. Anyone
may,
on
payment
of
the
appropriate
charge,
also
Composition of the Grand Chamber
obtain certified copies of judgments and orders.
1. The
Grand
Chamber
shall,
for
each
case,
be
composed
of
the President and the Vice-President of the Court, three
Chapter 6
Presidents of Chambers of five Judges, the Judge-Rapporteur
and the number of Judges necessary to reach 15. The last-
THE WORKING OF THE COURT
mentioned Judges and the three Presidents of Chambers of
Article 23
five Judges shall be designated from the lists referred to in
paragraphs 3 and 4 of this Article, following the order laid
Location of the sittings of the Court
down therein. The starting-point on each of those lists, in
The Court may choose to hold one or more specific sittings in a
every case assigned to the Grand Chamber, shall be the name
place other than that in which it has its seat.
of the Judge immediately following the last Judge designated
from the list concerned for the preceding case assigned to
that formation of the Court.
Article 24
Calendar of the Court’s judicial business
1. The
judicial
year
shall
begin
on
7
October
of
each 2. After the election of the President and the Vice-President
calendar year and end on 6 October of the following year.
of the Court, and then of the Presidents of the Chambers of five
Judges, a list of the Presidents of Chambers of five Judges and a
list of the other Judges shall be drawn up for the purposes of
2. The
judicial
vacations
shall
be
determined
by
the
Court.
determining the composition of the Grand Chamber.
3. In
a
case
of
urgency,
the
President
may
convene
the
Judges and the Advocates General during the judicial vacations.
3. The list of the Presidents of Chambers of five Judges shall
be drawn up according to the order laid down in Article 7 of
these Rules.
4. The
Court
shall
observe
the
official
holidays
of
the
place
in which it has its seat.
5. The
Court
may,
in
proper
circumstances,
grant
leave
of 4. The
list
of
the
other
Judges
shall
be
drawn
up
according
absence to any Judge or Advocate General.
to the order laid down in Article 7 of these Rules, alternating
with the reverse order: the first Judge on that list shall be the
first according to the order laid down in that Article, the second
6. The dates of the judicial vacations and the list of official
Judge shall be the last according to that order, the third Judge
holidays shall be published annually in the Official Journal of the
shall be the second according to that order, the fourth Judge the
European Union.
penultimate according to that order, and so on.

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5. The lists referred to in paragraphs 3 and 4 shall be
2. Where
a
Chamber
to
which
a
case
has
been
assigned
published in the Official Journal of the European Union.
requests the Court, pursuant to Article 60(3) of these Rules,
to assign the case to a formation composed of a greater
number of Judges, that formation shall include the members
6. In
cases
which
are
assigned
to
the
Grand
Chamber of the Chamber which has referred the case back.
between the beginning of a calendar year in which there is a
partial replacement of Judges and the moment when that
replacement has taken place, two substitute Judges may be
designated to complete the formation of the Court for so
Article 30
long as the attainment of the quorum referred to in the third
paragraph of Article 17 of the Statute is in doubt. Those
Where a President of a Chamber is prevented from acting
substitute Judges shall be the two Judges appearing on the list
1. When the President of a Chamber of five Judges is
referred to in paragraph 4 immediately after the last Judge
prevented from acting, the functions of President of the
designated for the composition of the Grand Chamber in the
Chamber shall be exercised by a President of a Chamber of
case.
three Judges, where necessary according to the order laid
down in Article 7 of these Rules, or, if that formation of the
Court does not include a President of a Chamber of three
7. The substitute Judges shall replace, in the order of the list
Judges, by one of the other Judges according to the order laid
referred to in paragraph 4, such Judges as are unable to take
down in Article 7.
part in the determination of the case.
Article 28
2. When the President of a Chamber of three Judges is
prevented from acting, the functions of President of the
Composition of the Chambers of five and of three Judges
Chamber shall be exercised by a Judge of that formation of
1. The Chambers of five Judges and of three Judges shall, for
the Court according to the order laid down in Article 7.
each case, be composed of the President of the Chamber, the
Judge-Rapporteur and the number of Judges required to attain
the number of five and three Judges respectively. Those last-
mentioned Judges shall be designated from the lists referred to
Article 31
in paragraphs 2 and 3, following the order laid down therein.
Where a member of the formation of the Court is
The starting-point on those lists, in every case assigned to a
prevented from acting
Chamber, shall be the name of the Judge immediately following
the last Judge designated from the list for the preceding case
1.
When a member of the Grand Chamber is prevented from
assigned to the Chamber concerned.
acting, he shall be replaced by another Judge according to the
order of the list referred to in Article 27(4).
2. For the composition of the Chambers of five Judges, after
the election of the Presidents of those Chambers lists shall be
drawn up including all the Judges attached to the Chamber
2. When a member of a Chamber of five Judges is prevented
concerned, with the exception of its President. The lists shall
from acting, he shall be replaced by another Judge of that
be drawn up in the same way as the list referred to in
Chamber, according to the order of the list referred to in
Article 27(4).
Article 28(2). If it is not possible to replace the Judge
prevented from acting by a Judge of the same Chamber, the
President of that Chamber shall so inform the President of the
3. For the composition of the Chambers of three Judges,
Court who may designate another Judge to complete the
after the election of the Presidents of those Chambers lists
Chamber.
shall be drawn up including all the Judges attached to the
Chamber concerned, with the exception of its President. The
lists shall be drawn up according to the order laid down in
Article 7.
3. When a member of a Chamber of three Judges is
prevented from acting, he shall be replaced by another Judge
of that Chamber, according to the order of the list referred to in
4. The lists referred to in paragraphs 2 and 3 shall be
Article 28(3). If it is not possible to replace the Judge prevented
published in the Official Journal of the European Union.
from acting by a Judge of the same Chamber, the President of
that Chamber shall so inform the President of the Court who
may designate another Judge to complete the Chamber.
Article 29
Composition of Chambers where cases are related or
referred back
Section 2. Deliberations
1. Where
the
Court
considers
that
a
number
of
cases
must
Article 32
be heard and determined together by one and the same
Procedures concerning deliberations
formation of the Court, the composition of that formation
shall be that fixed for the case in respect of which the
1. The deliberations of the Court shall be and shall remain
preliminary report was examined first.
secret.

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Union L
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2. When
a
hearing
has
taken
place,
only
those
Judges
who
Article 37
participated in that hearing and, where relevant, the Assistant
Rapporteur responsible for the consideration of the case shall
Determination of the language of a case
take part in the deliberations.
1. In
direct
actions,
the
language
of
a
case
shall
be
chosen
by
the applicant, except that:
3. Every
Judge
taking
part
in
the
deliberations
shall
state
his
opinion and the reasons for it.
(a) where the defendant is a Member State, the language of the
4. The conclusions reached by the majority of the Judges
case shall be the official language of that State; where that
after final discussion shall determine the decision of the Court.
State has more than one official language, the applicant may
choose between them;
Article 33
Number of Judges taking part in the deliberations
(b) at the joint request of the parties, the use of another of the
languages mentioned in Article 36 for all or part of the
Where, by reason of a Judge being prevented from acting, there
proceedings may be authorised;
is an even number of Judges, the most junior Judge for the
purposes of Article 7 of these Rules shall abstain from taking
part in the deliberations unless he is the Judge-Rapporteur. In
that case the Judge immediately senior to him shall abstain from
(c) at the request of one of the parties, and after the opposite
taking part in the deliberations.
party and the Advocate General have been heard, the use of
another of the languages mentioned in Article 36 may be
authorised as the language of the case for all or part of the
Article 34
proceedings by way of derogation from subparagraphs (a)
Quorum of the Grand Chamber
and (b); such a request may not be submitted by one of the
institutions of the European Union.
1. If,
for
a
case
assigned
to
the
Grand
Chamber,
it
is
not
possible to attain the quorum referred to in the third paragraph
of Article 17 of the Statute, the President of the Court shall
designate one or more other Judges according to the order of
2. Without
prejudice
to
the
provisions
of
paragraph
1(b)
and
the list referred to in Article 27(4) of these Rules.
(c), and of Article 38(4) and (5) of these Rules,
2. If a hearing has taken place before that designation, the
Court shall re-hear oral argument from the parties and the
(a) in appeals against decisions of the General Court as referred
Opinion of the Advocate General.
to in Articles 56 and 57 of the Statute, the language of the
case shall be the language of the decision of the General
Court against which the appeal is brought;
Article 35
Quorum of the Chambers of five and of three Judges
(b) where, in accordance with the second paragraph of
1. If, for a case assigned to a Chamber of five or of three
Article 62 of the Statute, the Court decides to review a
Judges, it is not possible to attain the quorum referred to in the
decision of the General Court, the language of the case
second paragraph of Article 17 of the Statute, the President of
shall be the language of the decision of the General Court
the Court shall designate one or more other Judges according to
which is the subject of review;
the order of the list referred to in Article 28(2) or (3), respect
ively, of these Rules. If it is not possible to replace the Judge
prevented from acting by a Judge of the same Chamber, the
President of that Chamber shall so inform the President of the
(c) in the case of challenges concerning the costs to be
Court forthwith who shall designate another Judge to complete
recovered, applications to set aside judgments by default,
the Chamber.
third-party proceedings and applications for interpretation
or revision of a judgment or for the Court to remedy a
failure to adjudicate, the language of the case shall be the
2. Article
34(2)
shall
apply, mutatis mutandis, to the
language of the decision to which those applications or
Chambers of five and of three Judges.
challenges relate.
Chapter 8
LANGUAGES
3.
In preliminary ruling proceedings, the language of the case
shall be the language of the referring court or tribunal. At the
Article 36
duly substantiated request of one of the parties to the main
Language of a case
proceedings, and after the other party to the main proceedings
and the Advocate General have been heard, the use of another
The language of a case shall be Bulgarian, Czech, Danish, Dutch,
of the languages mentioned in Article 36 may be authorised for
English, Estonian, Finnish, French, German, Greek, Hungarian,
the oral part of the procedure. Where granted, such authori
Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese,
sation shall apply in respect of all the interested persons referred
Romanian, Slovak, Slovene, Spanish or Swedish.
to in Article 23 of the Statute.

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4. Requests
as
above
may
be
decided
on
by
the
President;
the Advocates General in delivering their Opinions may use one of
latter may, and where he wishes to accede to a request without
the languages referred to in Article 36 other than the language
the agreement of all the parties must, refer the request to the
of the case. The Registrar shall arrange for translation into the
Court.
language of the case.
Article 38
Article 39
Use of the language of the case
Responsibility of the Registrar concerning language
arrangements
1. The language of the case shall in particular be used in the
written and oral pleadings of the parties, including the items
The Registrar shall, at the request of any Judge, of the Advocate
and documents produced or annexed to them, and also in the
General or of a party, arrange for anything said or written in
minutes and decisions of the Court.
the course of the proceedings before the Court to be translated
into the languages chosen from those referred to in Article 36.
2. Any item or document produced or annexed that is
Article 40
expressed in another language must be accompanied by a trans
lation into the language of the case.
Languages of the publications of the Court
Publications of the Court shall be issued in the languages
referred to in Article 1 of Council Regulation No 1.
3. However,
in
the
case
of
substantial
items
or
lengthy
docu
ments, translations may be confined to extracts. At any time the
Court may, of its own motion or at the request of one of the
Article 41
parties, call for a complete or fuller translation.
Authentic texts
The texts of documents drawn up in the language of the case
4. Notwithstanding the foregoing provisions, a Member State
or, where applicable, in another language authorised pursuant
shall be entitled to use its official language when taking part in
to Articles 37 or 38 of these Rules shall be authentic.
preliminary ruling proceedings, when intervening in a case
before the Court or when bringing a matter before the Court
Article 42
pursuant to Article 259 TFEU. This provision shall apply both
to written documents and to oral statements. The Registrar shall
Language service of the Court
arrange in each instance for translation into the language of the
case.
The Court shall set up a language service staffed by experts with
adequate legal training and a thorough knowledge of several
official languages of the European Union.
5. The States, other than the Member States, which are
parties to the EEA Agreement, and also the EFTA Surveillance
TITLE II
Authority, may be authorised to use one of the languages
mentioned in Article 36, other than the language of the case,
COMMON PROCEDURAL PROVISIONS
when they take part in preliminary ruling proceedings or
Chapter 1
intervene in a case before the Court. This provision shall
apply both to written documents and to oral statements. The
RIGHTS AND OBLIGATIONS OF AGENTS, ADVISERS AND LAWYERS
Registrar shall arrange in each instance for translation into the
Article 43
language of the case.
Privileges, immunities and facilities
6. Non-Member
States
taking
part
in
preliminary
ruling 1. Agents,
advisers
and
lawyers
who
appear
before
the
Court
proceedings pursuant to the fourth paragraph of Article 23 of
or before any judicial authority to which the Court has
the Statute may be authorised to use one of the languages
addressed letters rogatory shall enjoy immunity in respect of
mentioned in Article 36 other than the language of the case.
words spoken or written by them concerning the case or the
This provision shall apply both to written documents and to
parties.
oral statements. The Registrar shall arrange in each instance for
translation into the language of the case.
2. Agents,
advisers
and
lawyers
shall
also
enjoy
the
following
privileges and facilities:
7. Where
a
witness
or
expert
states
that
he
is
unable
adequately to express himself in one of the languages referred
(a) any papers and documents relating to the proceedings shall
to in Article 36, the Court may authorise him to give his
be exempt from both search and seizure. In the event of a
evidence in another language. The Registrar shall arrange for
dispute, the customs officials or police may seal those
translation into the language of the case.
papers and documents; they shall then be immediately
forwarded to the Court for inspection in the presence of
the Registrar and of the person concerned;
8. The President and the Vice-President of the Court and also
the Presidents of Chambers in conducting oral proceedings,
(b) agents, advisers and lawyers shall be entitled to travel in the
Judges and Advocates General in putting questions and
course of duty without hindrance.

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Article 44
4. Decisions taken under this Article may be rescinded.
Status of the parties’ representatives
1. In
order
to
qualify
for
the
privileges,
immunities
and
Article 47
facilities specified in Article 43, persons entitled to them shall
furnish proof of their status as follows:
University teachers and parties to the main proceedings
1. The
provisions
of
this
Chapter
shall
apply
to
university
teachers who have a right of audience before the Court in
(a) agents shall produce an official document issued by the
accordance with Article 19 of the Statute.
party for whom they act, who shall immediately serve a
copy thereof on the Registrar;
2. They
shall
also
apply,
in
the
context
of
references
for
a
(b) lawyers shall produce a certificate that they are authorised
preliminary ruling, to the parties to the main proceedings
to practise before a court of a Member State or of another
where, in accordance with the national rules of procedure appli
State which is a party to the EEA Agreement, and, where
cable, those parties are permitted to bring or defend court
the party which they represent is a legal person governed by
proceedings without being represented by a lawyer, and to
private law, an authority to act issued by that person;
persons authorised under those rules to represent them.
(c) advisers shall produce an authority to act issued by the
Chapter 2
party whom they are assisting.
SERVICE
Article 48
2. The
Registrar
of
the
Court
shall
issue
them
with
a
certificate, as required. The validity of this certificate shall be
Methods of service
limited to a specified period, which may be extended or
1. Where
these
Rules
require
that
a
document
be
served
on
a
curtailed according to the duration of the proceedings.
person, the Registrar shall ensure that service is effected at that
person’s address for service either by the dispatch of a copy of
the document by registered post with a form for acknowl
Article 45
edgement of receipt or by personal delivery of the copy
Waiver of immunity
against a receipt. The Registrar shall prepare and certify the
copies of documents to be served, save where the parties them
1. The
privileges,
immunities
and
facilities
specified
in selves supply the copies in accordance with Article 57(2) of
Article 43 of these Rules are granted exclusively in the
these Rules.
interests of the proper conduct of proceedings.
2. The
Court
may
waive
immunity
where
it
considers
that 2. Where the addressee has agreed that service is to be
the proper conduct of proceedings will not be hindered thereby.
effected on him by telefax or any other technical means of
communication, any procedural document, including a
judgment or order of the Court, may be served by the trans
Article 46
mission of a copy of the document by such means.
Exclusion from the proceedings
1. If the Court considers that the conduct of an agent,
3. Where,
for
technical
reasons
or
on
account
of
the
nature
adviser or lawyer before the Court is incompatible with the
or length of the document, such transmission is impossible or
dignity of the Court or with the requirements of the proper
impracticable, the document shall be served, if the addressee has
administration of justice, or that such agent, adviser or lawyer is
not specified an address for service, at his address in accordance
using his rights for purposes other than those for which they
with the procedures laid down in paragraph 1 of this Article.
were granted, it shall inform the person concerned. If the Court
The addressee shall be so informed by telefax or any other
informs the competent authorities to whom the person
technical means of communication. Service shall then be
concerned is answerable, a copy of the letter sent to those
deemed to have been effected on the addressee by registered
authorities shall be forwarded to the person concerned.
post on the 10th day following the lodging of the registered
letter at the post office of the place in which the Court has its
seat, unless it is shown by the acknowledgement of receipt that
2. On
the
same
grounds,
the
Court
may
at
any
time,
having the letter was received on a different date or the addressee
heard the person concerned and the Advocate General, decide
informs the Registrar, within three weeks of being informed
to exclude an agent, adviser or lawyer from the proceedings by
by telefax or any other technical means of communication,
reasoned order. That order shall have immediate effect.
that the document to be served has not reached him.
3. Where
an
agent,
adviser
or
lawyer
is
excluded
from
the 4. The
Court
may,
by
decision,
determine
the
criteria
for
a
proceedings, the proceedings shall be suspended for a period
procedural document to be served by electronic means. That
fixed by the President in order to allow the party concerned to
decision shall be published in the Official Journal of the European
appoint another agent, adviser or lawyer.
Union.

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Chapter 3
2. The
President
and
the
Presidents
of
Chambers
may
delegate to the Registrar power of signature for the purposes
TIME-LIMITS
of setting certain time-limits which, pursuant to these Rules, it
Article 49
falls to them to prescribe, or of extending such time-limits.
Calculation of time-limits
Chapter 4
1. Any
procedural
time-limit
prescribed
by
the
Treaties,
the
Statute or these Rules shall be calculated as follows:
DIFFERENT PROCEDURES FOR DEALING WITH CASES
Article 53
(a) where a time-limit expressed in days, weeks, months or
Procedures for dealing with cases
years is to be calculated from the moment at which an
event occurs or an action takes place, the day during
1. Without
prejudice
to
the
special
provisions
laid
down
in
which that event occurs or that action takes place shall
the Statute or in these Rules, the procedure before the Court
not be counted as falling within the time-limit in question;
shall consist of a written part and an oral part.
(b) a time-limit expressed in weeks, months or years shall end
2. Where
it
is
clear
that
the
Court
has
no
jurisdiction
to
hear
with the expiry of whichever day in the last week, month or
and determine a case or where a request or an application is
year is the same day of the week, or falls on the same date,
manifestly inadmissible, the Court may, after hearing the
as the day during which the event or action from which the
Advocate General, at any time decide to give a decision by
time-limit is to be calculated occurred or took place. If, in a
reasoned order without taking further steps in the proceedings.
time-limit expressed in months or years, the day on which it
should expire does not occur in the last month, the time-
limit shall end with the expiry of the last day of that month;
3. The
President
may
in
special
circumstances
decide
that
a
case be given priority over others.
(c) where a time-limit is expressed in months and days, it shall
first be calculated in whole months, then in days;
4. A
case
may
be
dealt
with
under
an
expedited
procedure
in
accordance with the conditions provided by these Rules.
(d) time-limits shall include Saturdays, Sundays and the official
holidays referred to in Article 24(6) of these Rules;
5. A
reference
for
a
preliminary
ruling
may
be
dealt
with
under an urgent procedure in accordance with the conditions
provided by these Rules.
(e) time-limits shall not be suspended during the judicial
vacations.
Article 54
Joinder
2. If
the
time-limit
would
otherwise
end
on
a
Saturday,
Sunday or an official holiday, it shall be extended until the
1. Two
or
more
cases
of
the
same
type
concerning
the
same
end of the first subsequent working day.
subject-matter may at any time be joined, on account of the
connection between them, for the purposes of the written or
oral part of the procedure or of the judgment which closes the
Article 50
proceedings.
Proceedings against a measure adopted by an institution
Where the time-limit allowed for initiating proceedings against
2. A
decision
on
whether
cases
should
be
joined
shall
be
a measure adopted by an institution runs from the publication
taken by the President after hearing the Judge-Rapporteur and
of that measure, that time-limit shall be calculated, for the
the Advocate General, if the cases concerned have already been
purposes of Article 49(1)(a), from the end of the 14th day
assigned, and, save in the case of references for a preliminary
after publication of the measure in the Official Journal of the
ruling, after also hearing the parties. The President may refer the
European Union.
decision on this matter to the Court.
Article 51
3. Joined
cases
may
be
disjoined,
in
accordance
with
the
provisions of paragraph 2.
Extension on account of distance
The procedural time-limits shall be extended on account of
Article 55
distance by a single period of 10 days.
Stay of proceedings
1. The
proceedings
may
be
stayed:
Article 52
Setting and extension of time-limits
(a) in the circumstances specified in the third paragraph of
1. Any
time-limit
prescribed
by
the
Court
pursuant
to
these
Article 54 of the Statute, by order of the Court, made
Rules may be extended.
after hearing the Advocate General;

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(b) in all other cases, by decision of the President adopted after
4. To
every
procedural
document
there
shall
be
annexed
a
hearing the Judge-Rapporteur and the Advocate General
file containing the items and documents relied on in support of
and, save in the case of references for a preliminary
it, together with a schedule listing them.
ruling, the parties.
2. The
proceedings
may
be
resumed
by
order
or
decision, 5. Where in view of the length of an item or document only
following the same procedure.
extracts from it are annexed to the procedural document, the
whole item or document or a full copy of it shall be lodged at
3. The
orders
or
decisions
referred
to
in
paragraphs
1
and
2 the Registry.
shall be served on the parties or interested persons referred to in
Article 23 of the Statute.
6. All
procedural
documents
shall
bear
a
date.
In
the
calcu
lation of procedural time-limits, only the date and time of
4. The
stay
of
proceedings
shall
take
effect
on
the
date lodgment of the original at the Registry shall be taken into
indicated in the order or decision of stay or, in the absence
account.
of such indication, on the date of that order or decision.
5. While
proceedings
are
stayed
time
shall
cease
to
run
for 7. Without prejudice to the provisions of paragraphs 1 to 6,
the parties or interested persons referred to in Article 23 of the
the date on and time at which a copy of the signed original of a
Statute for the purposes of procedural time-limits.
procedural document, including the schedule of items and
documents referred to in paragraph 4, is received at the
6. Where the order or decision of stay does not fix the
Registry by telefax or any other technical means of communi
length of stay, it shall end on the date indicated in the order
cation available to the Court shall be deemed to be the date and
or decision of resumption or, in the absence of such indication,
time of lodgment for the purposes of compliance with the
on the date of the order or decision of resumption.
procedural time-limits, provided that the signed original of the
procedural document, accompanied by the annexes and copies
7. From
the
date
of
resumption
of
proceedings
following
a referred to in paragraph 2, is lodged at the Registry no later
stay, the suspended procedural time-limits shall be replaced by
than 10 days thereafter.
new time-limits and time shall begin to run from the date of
that resumption.
8. Without
prejudice
to
paragraphs
3
to
6,
the
Court
may,
by decision, determine the criteria for a procedural document
Article 56
sent to the Registry by electronic means to be deemed to be the
Deferment of the determination of a case
original of that document. That decision shall be published in
the Official Journal of the European Union.
After hearing the Judge-Rapporteur, the Advocate General and
the parties, the President may in special circumstances, either of
his own motion or at the request of one of the parties, defer a
Article 58
case to be dealt with at a later date.
Length of procedural documents
Chapter 5
Without prejudice to any special provisions laid down in these
WRITTEN PART OF THE PROCEDURE
Rules, the Court may, by decision, set the maximum length of
written pleadings or observations lodged before it. That decision
Article 57
shall be published in the Official Journal of the European Union.
Lodging of procedural documents
1. The
original
of
every
procedural
document
must
bear
the
Chapter 6
handwritten signature of the party’s agent or lawyer or, in the
case of observations submitted in the context of preliminary
THE PRELIMINARY REPORT AND ASSIGNMENT OF CASES TO
ruling proceedings, that of the party to the main proceedings
FORMATIONS OF THE COURT
or his representative, if the national rules of procedure
Article 59
applicable to those main proceedings so permit.
Preliminary report
2. The
original,
accompanied
by
all
annexes
referred
to 1. When the written part of the procedure is closed, the
therein, shall be submitted together with five copies for the
President shall fix a date on which the Judge-Rapporteur is to
Court and, in the case of proceedings other than preliminary
present a preliminary report to the general meeting of the
ruling proceedings, a copy for every other party to the
Court.
proceedings. Copies shall be certified by the party lodging them.
3. The
institutions
shall
in
addition
produce,
within
time-
2. The
preliminary
report
shall
contain
proposals
as
to
limits laid down by the Court, translations of any procedural
whether particular measures of organisation of procedure,
document into the other languages provided for by Article 1 of
measures of inquiry or, if appropriate, requests to the
Council Regulation No 1. The preceding paragraph of this
referring court or tribunal for clarification should be under
Article shall apply.
taken, and as to the formation to which the case should be

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assigned. It shall also contain the Judge-Rapporteur’s proposals,
Article 62
if any, as to whether to dispense with a hearing and as to
whether to dispense with an Opinion of the Advocate
Measures of organisation prescribed by the Judge-
General pursuant to the fifth paragraph of Article 20 of the
Rapporteur or the Advocate General
Statute.
1. The
Judge-Rapporteur
or
the
Advocate
General
may
request the parties or the interested persons referred to in
Article 23 of the Statute to submit within a specified time-
3. The
Court
shall
decide,
after
hearing
the
Advocate limit all such information relating to the facts, and all such
General, what action to take on the proposals of the Judge-
documents or other particulars, as they may consider relevant.
Rapporteur.
The replies and documents provided shall be communicated to
the other parties or the interested persons referred to in
Article 23 of the Statute.
Article 60
Assignment of cases to formations of the Court
2. The
Judge-Rapporteur
or
the
Advocate
General
may
also
send to the parties or the interested persons referred to in
1. The
Court
shall
assign
to
the
Chambers
of
five
and
of Article 23 of the Statute questions to be answered at the
three Judges any case brought before it in so far as the difficulty
hearing.
or importance of the case or particular circumstances are not
such as to require that it should be assigned to the Grand
Chamber, unless a Member State or an institution of the
Section 2. Measures of inquiry
European Union participating in the proceedings has
Article 63
requested that the case be assigned to the Grand Chamber,
pursuant to the third paragraph of Article 16 of the Statute.
Decision on measures of inquiry
1. The
Court
shall
decide
in
its
general
meeting
whether
a
measure of inquiry is necessary.
2. The
Court
shall
sit
as
a
full
Court
where
cases
are
brought
before it pursuant to the provisions referred to in the fourth
paragraph of Article 16 of the Statute. It may assign a case to
2. Where
the
case
has
already
been
assigned
to
a
formation
the full Court where, in accordance with the fifth paragraph of
of the Court, the decision shall be taken by that formation.
Article 16 of the Statute, it considers that the case is of excep
tional importance.
Article 64
Determination of measures of inquiry
3. The
formation
to
which
a
case
has
been
assigned
may,
at 1. The
Court,
after
hearing
the
Advocate
General,
shall
any stage of the proceedings, request the Court to assign the
prescribe the measures of inquiry that it considers appropriate
case to a formation composed of a greater number of Judges.
by means of an order setting out the facts to be proved.
4. Where the oral part of the procedure is opened without
2. Without prejudice to Articles 24 and 25 of the Statute,
an inquiry, the President of the formation determining the case
the following measures of inquiry may be adopted:
shall fix the opening date.
(a) the personal appearance of the parties;
Chapter 7
(b) a request for information and production of documents;
MEASURES OF ORGANISATION OF PROCEDURE AND MEASURES
OF INQUIRY
(c) oral testimony;
Section 1. Measures of organisation of procedure
Article 61
(d) the commissioning of an expert’s report;
Measures of organisation prescribed by the Court
1. In
addition
to
the
measures
which
may
be
prescribed
in
(e) an inspection of the place or thing in question.
accordance with Article 24 of the Statute, the Court may invite
the parties or the interested persons referred to in Article 23 of
3. Evidence
may
be
submitted
in
rebuttal
and
previous
the Statute to answer certain questions in writing, within the
evidence may be amplified.
time-limit laid down by the Court, or at the hearing. The
written replies shall be communicated to the other parties or
the interested persons referred to in Article 23 of the Statute.
Article 65
Participation in measures of inquiry
2. Where a hearing is organised, the Court shall, in so far as
1. Where the formation of the Court does not undertake the
possible, invite the participants in that hearing to concentrate in
inquiry itself, it shall entrust the task of so doing to the Judge-
their oral pleadings on one or more specified issues.
Rapporteur.

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2. The
Advocate
General
shall
take
part
in
the
measures
of impose upon him a pecuniary penalty not exceeding EUR
inquiry.
5 000 and may order that a further summons be served on
the witness at his own expense.
3. The
parties
shall
be
entitled
to
attend
the
measures
of
inquiry.
3. The
same
penalty
may
be
imposed
upon
a
witness
who,
without good reason, refuses to give evidence or to take the
Article 66
oath.
Oral testimony
1. The
Court
may,
either
of
its
own
motion
or
at
the
request
Article 70
of one of the parties, and after hearing the Advocate General,
Expert’s report
order that certain facts be proved by witnesses.
1. The
Court
may
order
that
an
expert’s
report
be
obtained.
2. A
request
by
a
party
for
the
examination
of
a
witness
shall The order appointing the expert shall define his task and set a
state precisely about what facts and for what reasons the
time-limit within which he is to submit his report.
witness should be examined.
2. After
the
expert
has
submitted
his
report
and
that
report
3. The
Court
shall
rule
by
reasoned
order
on
the
request has been served on the parties, the Court may order that the
referred to in the preceding paragraph. If the request is
expert be examined, the parties having been given notice to
granted, the order shall set out the facts to be established and
attend. At the request of one of the parties or of his own
state which witnesses are to be heard in respect of each of those
motion, the President may put questions to the expert.
facts.
3. The
other
Judges
and
the
Advocate
General
may
do
4. Witnesses
shall
be
summoned
by
the
Court,
where
appro
likewise.
priate after lodgment of the security provided for in Article 73(1)
of these Rules.
4. Subject
to
the
control
of
the
President,
questions
may
be
Article 67
put to the expert by the representatives of the parties.
Examination of witnesses
Article 71
1. After the identity of the witness has been established, the
President shall inform him that he will be required to vouch the
Expert’s oath
truth of his evidence in the manner laid down in these Rules.
1. After
making
his
report,
the
expert
shall
take
the
following oath:
2. The witness shall give his evidence to the Court, the
parties having been given notice to attend. After the witness
has given his evidence the President may, at the request of one
‘I swear that I have conscientiously and impartially carried
of the parties or of his own motion, put questions to him.
out my task.’
3. The
other
Judges
and
the
Advocate
General
may
do
2. The
Court
may,
after
hearing
the
parties,
exempt
the
likewise.
expert from taking the oath.
4. Subject to the control of the President, questions may be
Article 72
put to witnesses by the representatives of the parties.
Objection to a witness or expert
Article 68
1. If
one
of
the
parties
objects
to
a
witness
or
an
expert
on
Witnesses’ oath
the ground that he is not a competent or proper person to act
as a witness or expert or for any other reason, or if a witness or
1. After giving his evidence, the witness shall take the
expert refuses to give evidence or to take the oath, the matter
following oath:
shall be resolved by the Court.
‘I swear that I have spoken the truth, the whole truth and
nothing but the truth.’
2. An
objection
to
a
witness
or
an
expert
shall
be
raised
within two weeks after service of the order summoning the
2. The
Court
may,
after
hearing
the
parties,
exempt
a
witness witness or appointing the expert; the statement of objection
from taking the oath.
must set out the grounds of objection and indicate the nature
of any evidence offered.
Article 69
Article 73
Pecuniary penalties
Witnesses’ and experts’ costs
1. Witnesses
who
have
been
duly
summoned
shall
obey
the
summons and attend for examination.
1. Where the Court orders the examination of witnesses or
an expert’s report, it may request the parties or one of them to
2. If,
without
good
reason,
a
witness
who
has
been
duly lodge security for the witnesses’ costs or the costs of the expert’s
summoned fails to appear before the Court, the Court may
report.

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2. Witnesses
and
experts
shall
be
entitled
to
reimbursement
Article 77
of their travel and subsistence expenses. The cashier of the
Court may make an advance payment towards these expenses.
Joint hearing
If the similarities between two or more cases of the same type
3. Witnesses
shall
be
entitled
to
compensation
for
loss
of so permit, the Court may decide to organise a joint hearing of
earnings, and experts to fees for their services. The cashier of
those cases.
the Court shall pay witnesses and experts these sums after they
have carried out their respective duties or tasks.
Article 78
Conduct of oral proceedings
Article 74
Oral proceedings shall be opened and directed by the President,
Minutes of inquiry hearings
who shall be responsible for the proper conduct of the hearing.
1. The
Registrar
shall
draw
up
minutes
of
every
inquiry
hearing. The minutes shall be signed by the President and by
Article 79
the Registrar. They shall constitute an official record.
Cases heard in camera
2. In the case of the examination of witnesses or experts, the
1. For
serious
reasons
related,
in
particular,
to
the
security
of
minutes shall be signed by the President or by the Judge-
the Member States or to the protection of minors, the Court
Rapporteur responsible for conducting the examination of the
may decide to hear a case in camera.
witness or expert, and by the Registrar. Before the minutes are
thus signed, the witness or expert must be given an opportunity
to check the content of the minutes and to sign them.
2. The
oral
proceedings
in
cases
heard in camera shall not be
published.
3. The
minutes
shall
be
served
on
the
parties.
Article 80
Article 75
Questions
Opening of the oral part of the procedure after the inquiry
The members of the formation of the Court and the Advocate
General may in the course of the hearing put questions to the
1. Unless
the
Court
decides
to
prescribe
a
time-limit
within agents, advisers or lawyers of the parties and, in the circum
which the parties may submit written observations, the
stances referred to in Article 47(2) of these Rules, to the parties
President shall fix the date for the opening of the oral part of
to the main proceedings or to their representatives.
the procedure after the measures of inquiry have been
completed.
Article 81
2. Where
a
time-limit
has
been
prescribed
for
the
submission
Close of the hearing
of written observations, the President shall fix the date for the
opening of the oral part of the procedure after that time-limit
After the parties or the interested persons referred to in
has expired.
Article 23 of the Statute have presented oral argument, the
President shall declare the hearing closed.
Chapter 8
Article 82
ORAL PART OF THE PROCEDURE
Delivery of the Opinion of the Advocate General
Article 76
1. Where
a
hearing
takes
place,
the
Opinion
of
the
Advocate
Hearing
General shall be delivered after the close of that hearing.
1. Any
reasoned
requests
for
a
hearing
shall
be
submitted
within three weeks after service on the parties or the interested
2. The
President
shall
declare
the
oral
part
of
the
procedure
persons referred to in Article 23 of the Statute of notification of
closed after the Advocate General has delivered his Opinion.
the close of the written part of the procedure. That time-limit
may be extended by the President.
Article 83
2. On
a
proposal
from
the
Judge-Rapporteur
and
after
Opening or reopening of the oral part of the procedure
hearing the Advocate General, the Court may decide not to
hold a hearing if it considers, on reading the written
The Court may at any time, after hearing the Advocate General,
pleadings or observations lodged during the written part of
order the opening or reopening of the oral part of the
the procedure, that it has sufficient information to give a ruling.
procedure, in particular if it considers that it lacks sufficient
information or where a party has, after the close of that part
of the procedure, submitted a new fact which is of such a
3. The
preceding
paragraph
shall
not
apply
where
a
request nature as to be a decisive factor for the decision of the Court,
for a hearing, stating reasons, has been submitted by an
or where the case must be decided on the basis of an argument
interested person referred to in Article 23 of the Statute who
which has not been debated between the parties or the
did not participate in the written part of the procedure.
interested persons referred to in Article 23 of the Statute.

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Article 84
(l) a
summary
of
the
facts,
Minutes of hearings
(m) the grounds for the decision,
1. The
Registrar
shall
draw
up
minutes
of
every
hearing.
The
minutes shall be signed by the President and by the Registrar.
(n) the operative part of the judgment, including, where appro
They shall constitute an official record.
priate, the decision as to costs.
2. The
parties
and
interested
persons
referred
to
in
Article
23
of the Statute may inspect the minutes at the Registry and
Article 88
obtain copies.
Delivery and service of the judgment
1. The
judgment
shall
be
delivered
in
open
court.
Article 85
Recording of the hearing
2. The original of the judgment, signed by the President, by
The President may, on a duly substantiated request, authorise a
the Judges who took part in the deliberations and by the
party or an interested person referred to in Article 23 of the
Registrar, shall be sealed and deposited at the Registry;
Statute who has participated in the written or oral part of the
certified copies of the judgment shall be served on the parties
proceedings to listen, on the Court’s premises, to the soundtrack
and, where applicable, the referring court or tribunal, the
of the hearing in the language used by the speaker during that
interested persons referred to in Article 23 of the Statute and
hearing.
the General Court.
Chapter 9
Article 89
JUDGMENTS AND ORDERS
Content of an order
Article 86
1. An
order
shall
contain:
Date of delivery of a judgment
(a) a statement that it is the order of the Court,
The parties or interested persons referred to in Article 23 of the
Statute shall be informed of the date of delivery of a judgment.
(b) an indication as to the formation of the Court,
Article 87
(c) the date of its adoption,
Content of a judgment
(d) an indication as to the legal basis of the order,
A judgment shall contain:
(e) the names of the President and, where applicable, the Judges
(a) a statement that it is the judgment of the Court,
who took part in the deliberations, with an indication as to
the name of the Judge-Rapporteur,
(b) an indication as to the formation of the Court,
(f) the name of the Advocate General,
(c) the date of delivery,
(g) the name of the Registrar,
(d) the names of the President and of the Judges who took part
in the deliberations, with an indication as to the name of
the Judge-Rapporteur,
(h) a description of the parties or of the parties to the main
proceedings,
(e) the name of the Advocate General,
(i) the names of their representatives,
(f) the name of the Registrar,
(j) a statement that the Advocate General has been heard,
(g) a description of the parties or of the interested persons
referred to in Article 23 of the Statute who participated
(k) the operative part of the order, including, where appro
in the proceedings,
priate, the decision as to costs.
(h) the names of their representatives,
2. Where,
in
accordance
with
these
Rules,
an
order
must
be
reasoned, it shall in addition contain:
(i) in the case of direct actions and appeals, a statement of the
forms of order sought by the parties,
(a) in the case of direct actions and appeals, a statement of the
forms of order sought by the parties,
(j) where applicable, the date of the hearing,
(b) a summary of the facts,
(k) a statement that the Advocate General has been heard and,
where applicable, the date of his Opinion,
(c) the grounds for the decision.

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Article 90
Article 95
Signature and service of the order
Anonymity
The original of the order, signed by the President and by the
1. Where anonymity has been granted by the referring court
Registrar, shall be sealed and deposited at the Registry; certified
or tribunal, the Court shall respect that anonymity in the
copies of the order shall be served on the parties and, where
proceedings pending before it.
applicable, the referring court or tribunal, the interested persons
referred to in Article 23 of the Statute and the General Court.
2. At
the
request
of
the
referring
court
or
tribunal,
at
the
duly reasoned request of a party to the main proceedings or of
Article 91
its own motion, the Court may also, if it considers it necessary,
Binding nature of judgments and orders
render anonymous one or more persons or entities concerned
by the case.
1. A
judgment
shall
be
binding
from
the
date
of
its
delivery.
Article 96
2. An
order
shall
be
binding
from
the
date
of
its
service.
Participation in preliminary ruling proceedings
Article 92
1. Pursuant to Article 23 of the Statute, the following shall
be authorised to submit observations to the Court:
Publication in the Official Journal of the European Union
A notice containing the date and the operative part of the
(a) the parties to the main proceedings,
judgment or order of the Court which closes the proceedings
shall be published in the Official Journal of the European Union.
(b) the Member States,
TITLE III
(c) the European Commission,
REFERENCES FOR A PRELIMINARY RULING
Chapter 1
(d) the institution which adopted the act the validity or inter
GENERAL PROVISIONS
pretation of which is in dispute,
Article 93
(e) the States, other than the Member States, which are parties
Scope
to the EEA Agreement, and also the EFTA Surveillance
The procedure shall be governed by the provisions of this Title:
Authority, where a question concerning one of the fields
of application of that Agreement is referred to the Court for
a preliminary ruling,
(a) in the cases covered by Article 23 of the Statute,
(f) non-Member States which are parties to an agreement
(b) as regards references for interpretation which may be
relating to a specific subject-matter, concluded with the
provided for by agreements to which the European Union
Council, where the agreement so provides and where a
or the Member States are parties.
court or tribunal of a Member State refers to the Court of
Justice for a preliminary ruling a question falling within the
Article 94
scope of that agreement.
Content of the request for a preliminary ruling
2. Non-participation
in
the
written
part
of
the
procedure
In addition to the text of the questions referred to the Court for
does not preclude participation in the oral part of the
a preliminary ruling, the request for a preliminary ruling shall
procedure.
contain:
Article 97
(a) a summary of the subject-matter of the dispute and the
relevant findings of fact as determined by the referring
Parties to the main proceedings
court or tribunal, or, at least, an account of the facts on
1. The
parties
to
the
main
proceedings
are
those
who
are
which the questions are based;
determined as such by the referring court or tribunal in
accordance with national rules of procedure.
(b) the tenor of any national provisions applicable in the case
and, where appropriate, the relevant national case-law;
2. Where
the
referring
court
or
tribunal
informs
the
Court
that a new party has been admitted to the main proceedings,
(c) a statement of the reasons which prompted the referring
when the proceedings before the Court are already pending, that
court or tribunal to inquire about the interpretation or
party must accept the case as he finds it at the time when the
validity of certain provisions of European Union law, and
Court was so informed. That party shall receive a copy of every
the relationship between those provisions and the national
procedural document already served on the interested persons
legislation applicable to the main proceedings.
referred to in Article 23 of the Statute.

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3. As
regards
the
representation
and
attendance
of
the
Article 100
parties to the main proceedings, the Court shall take account
of the rules of procedure in force before the court or tribunal
Circumstances in which the Court remains seised
which made the reference. In the event of any doubt as to
1. The
Court
shall
remain
seised
of
a
request
for
a
whether a person may under national law represent a party
preliminary ruling for as long as it is not withdrawn by the
to the main proceedings, the Court may obtain information
court or tribunal which made that request to the Court. The
from the referring court or tribunal on the rules of procedure
withdrawal of a request may be taken into account until notice
applicable.
of the date of delivery of the judgment has been served on the
interested persons referred to in Article 23 of the Statute.
Article 98
2. However,
the
Court
may
at
any
time
declare
that
the
Translation and service of the request for a preliminary
conditions of its jurisdiction are no longer fulfilled.
ruling
1. The requests for a preliminary ruling referred to in this
Article 101
Title shall be served on the Member States in the original
Request for clarification
version, accompanied by a translation into the official
language of the State to which they are being addressed.
1. Without
prejudice
to
the
measures
of
organisation
of
Where appropriate, on account of the length of the request,
procedure and measures of inquiry provided for in these
such translation shall be replaced by the translation into the
Rules, the Court may, after hearing the Advocate General,
official language of the State to which it is addressed of a
request clarification from the referring court or tribunal
summary of that request, which will serve as a basis for the
within a time-limit prescribed by the Court.
position to be adopted by that State. The summary shall include
the full text of the question or questions referred for a
preliminary ruling. That summary shall contain, in particular,
2. The
reply
of
the
referring
court
or
tribunal
to
that
request
in so far as that information appears in the request for a
shall be served on the interested persons referred to in Article 23
preliminary ruling, the subject-matter of the main proceedings,
of the Statute.
the essential arguments of the parties to those proceedings, a
succinct presentation of the reasons for the reference for a
Article 102
preliminary ruling and the case-law and the provisions of
national law and European Union law relied on.
Costs of the preliminary ruling proceedings
It shall be for the referring court or tribunal to decide as to the
costs of the preliminary ruling proceedings.
2. In the cases covered by the third paragraph of Article 23
of the Statute, the requests for a preliminary ruling shall be
Article 103
served on the States, other than the Member States, which are
parties to the EEA Agreement and also on the EFTA
Rectification of judgments and orders
Surveillance Authority in the original version, accompanied by
a translation of the request, or where appropriate of a summary,
1. Clerical
mistakes,
errors
in
calculation
and
obvious
inac
into one of the languages referred to in Article 36, to be chosen
curacies affecting judgments or orders may be rectified by the
by the addressee.
Court, of its own motion or at the request of an interested
person referred to in Article 23 of the Statute made within
two weeks after delivery of the judgment or service of the order.
3. Where a non-Member State has the right to take part in
preliminary ruling proceedings pursuant to the fourth paragraph
2. The
Court
shall
take
its
decision
after
hearing
the
of Article 23 of the Statute, the original version of the request
Advocate General.
for a preliminary ruling shall be served on it accompanied by a
translation of the request, or where appropriate of a summary,
3. The
original
of
the
rectification
order
shall
be
annexed
to
into one of the languages referred to in Article 36, to be chosen
the original of the rectified decision. A note of this order shall
by the non-Member State concerned.
be made in the margin of the original of the rectified decision.
Article 104
Article 99
Interpretation of preliminary rulings
Reply by reasoned order
1. Article
158
of
these
Rules
relating
to
the
interpretation
of
Where a question referred to the Court for a preliminary ruling
judgments and orders shall not apply to decisions given in reply
is identical to a question on which the Court has already ruled,
to a request for a preliminary ruling.
where the reply to such a question may be clearly deduced from
existing case-law or where the answer to the question referred
for a preliminary ruling admits of no reasonable doubt, the
2. It
shall
be
for
the
national
courts
or
tribunals
to
assess
Court may at any time, on a proposal from the Judge-
whether they consider that sufficient guidance is given by a
Rapporteur and after hearing the Advocate General, decide to
preliminary ruling, or whether it appears to them that a
rule by reasoned order.
further reference to the Court is required.

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Chapter 2
the Treaty on the Functioning of the European Union may, at
the request of the referring court or tribunal or, exceptionally,
EXPEDITED PRELIMINARY RULING PROCEDURE
of the Court’s own motion, be dealt with under an urgent
Article 105
procedure derogating from the provisions of these Rules.
Expedited procedure
1. At the request of the referring court or tribunal or, excep
2. The
referring
court
or
tribunal
shall
set
out
the
matters
of
tionally, of his own motion, the President of the Court may,
fact and law which establish the urgency and justify the appli
where the nature of the case requires that it be dealt with within
cation of that exceptional procedure and shall, in so far as
a short time, after hearing the Judge-Rapporteur and the
possible, indicate the answer that it proposes to the questions
Advocate General, decide that a reference for a preliminary
referred.
ruling is to be determined pursuant to an expedited procedure
derogating from the provisions of these Rules.
3. If the referring court or tribunal has not submitted a
request for the urgent procedure to be applied, the President
2. In
that
event,
the
President
shall
immediately
fix
the
date of the Court may, if the application of that procedure appears,
for the hearing, which shall be communicated to the interested
prima facie, to be required, ask the Chamber referred to in
persons referred to in Article 23 of the Statute when the request
Article 108 to consider whether it is necessary to deal with
for a preliminary ruling is served.
the reference under that procedure.
3. The
interested
persons
referred
to
in
the
preceding
Article 108
paragraph may lodge statements of case or written observations
Decision as to urgency
within a time-limit prescribed by the President, which shall not
be less than 15 days. The President may request those interested
1. The
decision
to
deal
with
a
reference
for
a
preliminary
persons to restrict the matters addressed in their statement of
ruling under the urgent procedure shall be taken by the
case or written observations to the essential points of law raised
designated Chamber, acting on a proposal from the Judge-
by the request for a preliminary ruling.
Rapporteur and after hearing the Advocate General. The
composition of that Chamber shall be determined in accordance
with Article 28(2) on the day on which the case is assigned to
4. The
statements
of
case
or
written
observations,
if
any, the Judge-Rapporteur if the application of the urgent procedure
shall be communicated to all the interested persons referred
is requested by the referring court or tribunal, or, if the appli
to in Article 23 of the Statute prior to the hearing.
cation of that procedure is considered at the request of the
President of the Court, on the day on which that request is
made.
5. The
Court
shall
rule
after
hearing
the
Advocate
General.
2. If the case is connected with a pending case assigned to a
Article 106
Judge-Rapporteur who is not a member of the designated
Transmission of procedural documents
Chamber, that Chamber may propose to the President of the
Court that the case be assigned to that Judge-Rapporteur. Where
1. The
procedural
documents
referred
to
in
the
preceding the case is reassigned to that Judge-Rapporteur, the Chamber of
Article shall be deemed to have been lodged on the trans
five Judges which includes him shall carry out the duties of the
mission to the Registry, by telefax or any other technical
designated Chamber in respect of that case. Article 29(1) shall
means of communication available to the Court, of a copy of
apply.
the signed original and the items and documents relied on in
support of it, together with the schedule referred to in
Article 57(4). The original of the document and the annexes
Article 109
referred to above shall be sent to the Registry immediately.
Written part of the urgent procedure
1. A
request
for
a
preliminary
ruling
shall,
where
the
2. Where
the
preceding
Article
requires
that
a
document
be referring court or tribunal has requested the application of the
served on or communicated to a person, such service or
urgent procedure or where the President has requested the
communication may be effected by transmission of a copy of
designated Chamber to consider whether it is necessary to
the document by telefax or any other technical means of
deal with the reference under that procedure, be served
communication available to the Court and the addressee.
forthwith by the Registrar on the parties to the main
proceedings, on the Member State from which the reference
is made, on the European Commission and on the institution
Chapter 3
which adopted the act the validity or interpretation of which is
URGENT PRELIMINARY RULING PROCEDURE
in dispute.
Article 107
Scope of the urgent preliminary ruling procedure
2. The decision as to whether or not to deal with the
reference for a preliminary ruling under the urgent procedure
1. A
reference
for
a
preliminary
ruling
which
raises
one
or shall be served immediately on the referring court or tribunal
more questions in the areas covered by Title V of Part Three of
and on the parties, Member State and institutions referred to in

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the preceding paragraph. The decision to deal with the reference
Article 112
under the urgent procedure shall prescribe the time-limit within
which those parties or entities may lodge statements of case or
Decision on the substance
written observations. The decision may specify the matters of
The designated Chamber shall rule after hearing the Advocate
law to which such statements of case or written observations
General.
must relate and may specify the maximum length of those
documents.
Article 113
3. Where
a
request
for
a
preliminary
ruling
refers
to
an
Formation of the Court
administrative procedure or judicial proceedings conducted in
a Member State other than that from which the reference is
1. The designated Chamber may decide to sit in a formation
made, the Court may invite that first Member State to provide
of three Judges. In that event, it shall be composed of the
all relevant information in writing or at the hearing.
President of the designated Chamber, the Judge-Rapporteur
and the first Judge or, as the case may be, the first two
Judges designated from the list referred to in Article 28(2) on
4. As
soon
as
the
service
referred
to
in
paragraph
1
above the date on which the composition of the designated Chamber
has been effected, the request for a preliminary ruling shall also
is determined in accordance with Article 108(1).
be communicated to the interested persons referred to in
Article 23 of the Statute, other than the persons served, and
the decision whether or not to deal with the reference for a
preliminary ruling under the urgent procedure shall be
2. The
designated
Chamber
may
also
request
the
Court
to
communicated to those interested persons as soon as the
assign the case to a formation composed of a greater number of
service referred to in paragraph 2 has been effected.
Judges. The urgent procedure shall continue before the new
formation of the Court, where necessary after the reopening
of the oral part of the procedure.
5. The
interested
persons
referred
to
in
Article
23
of
the
Statute shall be informed as soon as possible of the likely
date of the hearing.
Article 114
Transmission of procedural documents
6. Where
the
reference
is
not
to
be
dealt
with
under
the
urgent procedure, the proceedings shall continue in accordance
Procedural documents shall be transmitted in accordance with
with the provisions of Article 23 of the Statute and the
Article 106.
applicable provisions of these Rules.
Chapter 4
Article 110
LEGAL AID
Service and information following the close of the written
part of the procedure
Article 115
1. Where
a
reference
for
a
preliminary
ruling
is
to
be
dealt
Application for legal aid
with under the urgent procedure, the request for a preliminary
1. A party to the main proceedings who is wholly or in part
ruling and the statements of case or written observations which
unable to meet the costs of the proceedings before the Court
have been lodged shall be served on the interested persons
may at any time apply for legal aid.
referred to in Article 23 of the Statute other than the parties
and entities referred to in Article 109(1). The request for a
preliminary ruling shall be accompanied by a translation,
where appropriate of a summary, in accordance with Article 98.
2. The
application
shall
be
accompanied
by
all
information
and supporting documents making it possible to assess the
applicant’s financial situation, such as a certificate issued by a
2. The
statements
of
case
or
written
observations
which
have competent national authority attesting to his financial situation.
been lodged shall also be served on the parties and other
interested persons referred to in Article 109(1).
3. If the applicant has already obtained legal aid before the
referring court or tribunal, he shall produce the decision of that
3. The
date
of
the
hearing
shall
be
communicated
to
the court or tribunal and specify what is covered by the sums
interested persons referred to in Article 23 of the Statute at
already granted.
the same time as the documents referred to in the preceding
paragraphs are served.
Article 116
Article 111
Decision on the application for legal aid
Omission of the written part of the procedure
1. As soon as the application for legal aid has been lodged it
The designated Chamber may, in cases of extreme urgency,
shall be assigned by the President to the Judge-Rapporteur
decide to omit the written part of the procedure referred to
responsible for the case in the context of which the application
in Article 109(2).
has been made.

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2. The
decision
to
grant
legal
aid,
in
full
or
in
part,
or
to
4. If those documents are not lodged, the Registrar shall
refuse it shall be taken, on a proposal from the Judge-
prescribe a reasonable time-limit within which the party
Rapporteur and after hearing the Advocate General, by the
concerned is to produce them. If the applicant fails to
Chamber of three Judges to which the Judge-Rapporteur is
produce the required documents within the time-limit
assigned. The formation of the Court shall, in that event, be
prescribed, the Court shall, after hearing the Judge-Rapporteur
composed of the President of that Chamber, the Judge-
and the Advocate General, decide whether the non-compliance
Rapporteur and the first Judge or, as the case may be, the
with that procedural requirement renders the application or
first two Judges designated from the list referred to in
written pleading formally inadmissible.
Article 28(3) on the date on which the application for legal
aid is brought before that Chamber by the Judge-Rapporteur.
Chapter 2
3. If the Judge-Rapporteur is not a member of a Chamber of
WRITTEN PART OF THE PROCEDURE
three Judges, the decision shall be taken, under the same
Article 120
conditions, by the Chamber of five Judges to which he is
assigned. In addition to the Judge-Rapporteur, the formation
Content of the application
of the Court shall be composed of four Judges designated
from the list referred to in Article 28(2) on the date on
An application of the kind referred to in Article 21 of the
which the application for legal aid is brought before that
Statute shall state:
Chamber by the Judge-Rapporteur.
(a) the name and address of the applicant;
4. The
formation
of
the
Court
shall
give
its
decision
by
way
of order. Where the application for legal aid is refused in whole
(b) the name of the party against whom the application is
or in part, the order shall state the reasons for that refusal.
made;
Article 117
(c) the subject-matter of the proceedings, the pleas in law and
Sums to be advanced as legal aid
arguments relied on and a summary of those pleas in law;
Where legal aid is granted, the cashier of the Court shall be
responsible, where applicable within the limits set by the
(d) the form of order sought by the applicant;
formation of the Court, for costs involved in the assistance
and representation of the applicant before the Court. At the
(e) where appropriate, any evidence produced or offered.
request of the applicant or his representative, an advance on
those costs may be paid.
Article 121
Article 118
Information relating to service
Withdrawal of legal aid
1. For the purpose of the proceedings, the application shall
state an address for service. It shall indicate the name of the
The formation of the Court which gave a decision on the
person who is authorised and has expressed willingness to
application for legal aid may at any time, either of its own
accept service.
motion or on request, withdraw that legal aid if the circum
stances which led to its being granted alter during the
proceedings.
2. In
addition
to,
or
instead
of,
specifying
an
address
for
service as referred to in paragraph 1, the application may
state that the lawyer or agent agrees that service is to be
TITLE IV
effected on him by telefax or any other technical means of
DIRECT ACTIONS
communication.
Chapter 1
3. If
the
application
does
not
comply
with
the
requirements
REPRESENTATION OF THE PARTIES
referred to in paragraphs 1 or 2, all service on the party
concerned for the purpose of the proceedings shall be
Article 119
effected, for so long as the defect has not been cured, by
Obligation to be represented
registered letter addressed to the agent or lawyer of that
party. By way of derogation from Article 48, service shall
1. A
party
may
be
represented
only
by
his
agent
or
lawyer.
then be deemed to be duly effected by the lodging of the
registered letter at the post office of the place in which the
2. Agents
and
lawyers
must
lodge
at
the
Registry
an
official Court has its seat.
document or an authority to act issued by the party whom they
represent.
Article 122
Annexes to the application
3. The
lawyer
acting
for
a
party
must
also
lodge
at
the
Registry a certificate that he is authorised to practise before a
1. The
application
shall
be
accompanied,
where
appropriate,
court of a Member State or of another State which is a party to
by the documents specified in the second paragraph of
the EEA Agreement.
Article 21 of the Statute.

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2. An
application
submitted
under
Article
273
TFEU
shall
be
Chapter 3
accompanied by a copy of the special agreement concluded
between the Member States concerned.
PLEAS IN LAW AND EVIDENCE
Article 127
3. If
an
application
does
not
comply
with
the
requirements
set out in paragraphs 1 or 2 of this Article, the Registrar shall
New pleas in law
prescribe a reasonable time-limit within which the applicant is
1. No new plea in law may be introduced in the course of
to produce the abovementioned documents. If the applicant
proceedings unless it is based on matters of law or of fact
fails to put the application in order, the Court shall, after
which come to light in the course of the procedure.
hearing the Judge-Rapporteur and the Advocate General,
decide whether the non-compliance with these conditions
renders the application formally inadmissible.
2. Without prejudice to the decision to be taken on the
admissibility of the plea in law, the President may, on a
Article 123
proposal from the Judge-Rapporteur and after hearing the
Advocate General, prescribe a time-limit within which the
Service of the application
other party may respond to that plea.
The application shall be served on the defendant. In cases where
Article 119(4) or Article 122(3) applies, service shall be effected
Article 128
as soon as the application has been put in order or the Court
has declared it admissible notwithstanding the failure to observe
Evidence produced or offered
the requirements set out in those two Articles.
1. In reply or rejoinder a party may produce or offer further
evidence in support of his arguments. The party must give
Article 124
reasons for the delay in submitting such evidence.
Content of the defence
1. Within two months after service on him of the appli
2. The
parties
may,
exceptionally,
produce
or
offer
further
cation, the defendant shall lodge a defence, stating:
evidence after the close of the written part of the procedure.
They must give reasons for the delay in submitting such
(a) the name and address of the defendant;
evidence. The President may, on a proposal from the Judge-
Rapporteur and after hearing the Advocate General, prescribe
a time-limit within which the other party may comment on
(b) the pleas in law and arguments relied on;
such evidence.
(c) the form of order sought by the defendant;
Chapter 4
(d) where appropriate, any evidence produced or offered.
INTERVENTION
2. Article
121
shall
apply
to
the
defence.
Article 129
Object and effects of the intervention
3. The
time-limit
laid
down
in
paragraph
1
may
excep
tionally be extended by the President at the duly reasoned
1. The
intervention
shall
be
limited
to
supporting,
in
whole
request of the defendant.
or in part, the form of order sought by one of the parties. It
shall not confer the same procedural rights as those conferred
on the parties and, in particular, shall not give rise to any right
Article 125
to request that a hearing be held.
Transmission of documents
Where the European Parliament, the Council or the European
2. The intervention shall be ancillary to the main
Commission is not a party to a case, the Court shall send to
proceedings. It shall become devoid of purpose if the case is
them copies of the application and of the defence, without the
removed from the register of the Court as a result of a party’s
annexes thereto, to enable them to assess whether the inappli
discontinuance or withdrawal from the proceedings or of an
cability of one of their acts is being invoked under Article 277
agreement between the parties, or where the application is
TFEU.
declared inadmissible.
Article 126
3. The
intervener
must
accept
the
case
as
he
finds
it
at
the
Reply and rejoinder
time of his intervention.
1. The
application
initiating
proceedings
and
the
defence
may be supplemented by a reply from the applicant and by a
4. Consideration may be given to an application to intervene
rejoinder from the defendant.
which is made after the expiry of the time-limit prescribed in
Article 130 but before the decision to open the oral part of the
2. The
President
shall
prescribe
the
time-limits
within
which procedure provided for in Article 60(4). In that event, if the
those procedural documents are to be produced. He may specify
President allows the intervention, the intervener may submit his
the matters to which the reply or the rejoinder should relate.
observations during the hearing, if it takes place.

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Article 130
2. The
statement
in
intervention
shall
contain:
Application to intervene
(a) the form of order sought by the intervener in support, in
1. An
application
to
intervene
must
be
submitted
within
six
whole or in part, of the form of order sought by one of the
weeks of the publication of the notice referred to in
parties;
Article 21(4).
2. The
application
to
intervene
shall
contain:
(b) the pleas in law and arguments relied on by the intervener;
(a) a description of the case;
(c) where appropriate, any evidence produced or offered.
(b) a description of the main parties;
3. After
the
statement
in
intervention
has
been
lodged,
the
President shall, where necessary, prescribe a time-limit within
(c) the name and address of the intervener;
which the parties may reply to that statement.
(d) the form of order sought, in support of which the
Chapter 5
intervener is applying for leave to intervene;
EXPEDITED PROCEDURE
(e) a statement of the circumstances establishing the right to
Article 133
intervene, where the application is submitted pursuant to
the second or third paragraph of Article 40 of the Statute.
Decision relating to the expedited procedure
1. At the request of the applicant or the defendant, the
3. The
intervener
shall
be
represented
in
accordance
with President of the Court may, where the nature of the case
Article 19 of the Statute.
requires that it be dealt with within a short time, after
hearing the other party, the Judge-Rapporteur and the
4. Articles 119, 121 and 122 of these Rules shall apply.
Advocate General, decide that a case is to be determined
pursuant to an expedited procedure derogating from the
Article 131
provisions of these Rules.
Decision on applications to intervene
2. The
request
for
a
case
to
be
determined
pursuant
to
an
1. The
application
to
intervene
shall
be
served
on
the
parties expedited procedure must be made by a separate document
in order to obtain any written or oral observations they may
submitted at the same time as the application initiating
wish to make on that application.
proceedings or the defence, as the case may be, is lodged.
2. Where
the
application
is
submitted
pursuant
to
the
first
or 3. Exceptionally
the
President
may
also
take
such
a
decision
third paragraph of Article 40 of the Statute, the intervention
of his own motion, after hearing the parties, the Judge-
shall be allowed by decision of the President and the intervener
Rapporteur and the Advocate General.
shall receive a copy of every procedural document served on the
parties, provided that those parties have not, within 10 days
after the service referred to in paragraph 1 has been effected,
Article 134
put forward observations on the application to intervene or
Written part of the procedure
identified secret or confidential items or documents which, if
communicated to the intervener, the parties claim would be
1. Under
the
expedited
procedure,
the
application
initiating
prejudicial to them.
proceedings and the defence may be supplemented by a reply
and a rejoinder only if the President, after hearing the Judge-
3. In
any
other
case,
the
President
shall
decide
on
the
appli
Rapporteur and the Advocate General, considers this to be
cation to intervene by order or shall refer the application to the
necessary.
Court.
2. An
intervener
may
submit
a
statement
in
intervention
4. If the application to intervene is granted, the intervener
only if the President, after hearing the Judge-Rapporteur and
shall receive a copy of every procedural document served on the
the Advocate General, considers this to be necessary.
parties, save, where applicable, for the secret or confidential
items or documents excluded from such communication
Article 135
pursuant to paragraph 3.
Oral part of the procedure
Article 132
1. Once the defence has been submitted or, if the decision to
Submission of statements
determine the case pursuant to an expedited procedure is not
made until after that pleading has been lodged, once that
1. The
intervener
may
submit
a
statement
in
intervention decision has been taken, the President shall fix a date for the
within one month after communication of the procedural
hearing, which shall be communicated forthwith to the parties.
documents referred to in the preceding Article. That time-
He may postpone the date of the hearing where it is necessary
limit may be extended by the President at the duly reasoned
to undertake measures of inquiry or where measures of organi
request of the intervener.
sation of procedure so require.

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2. Without
prejudice
to
Articles
127
and
128,
a
party
may 2. However, at the request of the party who discontinues or
supplement his arguments and produce or offer evidence during
withdraws from proceedings, the costs shall be borne by the
the oral part of the procedure. The party must, however, give
other party if this appears justified by the conduct of that party.
reasons for the delay in producing such further arguments or
evidence.
3. Where
the
parties
have
come
to
an
agreement
on
costs,
Article 136
the decision as to costs shall be in accordance with that
agreement.
Decision on the substance
The Court shall give its ruling after hearing the Advocate
4. If costs are not claimed, the parties shall bear their own
General.
costs.
Chapter 6
Article 142
COSTS
Costs where a case does not proceed to judgment
Article 137
Where a case does not proceed to judgment the costs shall be
Decision as to costs
in the discretion of the Court.
A decision as to costs shall be given in the judgment or order
which closes the proceedings.
Article 143
Article 138
Costs of proceedings
General rules as to allocation of costs
Proceedings before the Court shall be free of charge, except that:
1. The
unsuccessful
party
shall
be
ordered
to
pay
the
costs
if
they have been applied for in the successful party’s pleadings.
(a) where a party has caused the Court to incur avoidable costs
the Court may, after hearing the Advocate General, order
2. Where
there
is
more
than
one
unsuccessful
party
the
that party to refund them;
Court shall decide how the costs are to be shared.
(b) where copying or translation work is carried out at the
3. Where
each
party
succeeds
on
some
and
fails
on
other
request of a party, the cost shall, in so far as the Registrar
heads, the parties shall bear their own costs. However, if it
considers it excessive, be paid for by that party on the
appears justified in the circumstances of the case, the Court
Registry’s scale of charges referred to in Article 22.
may order that one party, in addition to bearing its own
costs, pay a proportion of the costs of the other party.
Article 144
Article 139
Recoverable costs
Unreasonable or vexatious costs
Without prejudice to the preceding Article, the following shall
The Court may order a party, even if successful, to pay costs
be regarded as recoverable costs:
which the Court considers that party to have unreasonably or
vexatiously caused the opposite party to incur.
(a) sums payable to witnesses and experts under Article 73 of
these Rules;
Article 140
Costs of interveners
(b) expenses necessarily incurred by the parties for the purpose
1. The
Member
States
and
institutions
which
have
intervened
of the proceedings, in particular the travel and subsistence
in the proceedings shall bear their own costs.
expenses and the remuneration of agents, advisers or
lawyers.
2. The States, other than the Member States, which are
parties to the EEA Agreement, and also the EFTA Surveillance
Article 145
Authority, shall similarly bear their own costs if they have
intervened in the proceedings.
Dispute concerning the costs to be recovered
1. If
there
is
a
dispute
concerning
the
costs
to
be
recovered,
3. The
Court
may
order
an
intervener
other
than
those the Chamber of three Judges to which the Judge-Rapporteur
referred to in the preceding paragraphs to bear his own costs.
who dealt with the case is assigned shall, on application by
the party concerned and after hearing the opposite party and
Article 141
the Advocate General, make an order. In that event, the
Costs in the event of discontinuance or withdrawal
formation of the Court shall be composed of the President of
that Chamber, the Judge-Rapporteur and the first Judge or, as
1. A party who discontinues or withdraws from proceedings
the case may be, the first two Judges designated from the list
shall be ordered to pay the costs if they have been applied for in
referred to in Article 28(3) on the date on which the dispute is
the other party’s observations on the discontinuance.
brought before that Chamber by the Judge-Rapporteur.

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2. If the Judge-Rapporteur is not a member of a Chamber of
Article 150
three Judges, the decision shall be taken, under the same
conditions, by the Chamber of five Judges to which he is
Absolute bar to proceeding with a case
assigned. In addition to the Judge-Rapporteur, the formation
On a proposal from the Judge-Rapporteur, the Court may at
of the Court shall be composed of four Judges designated
any time of its own motion, after hearing the parties and the
from the list referred to in Article 28(2) on the date on
Advocate General, decide to rule by reasoned order on whether
which the dispute is brought before that Chamber by the
there exists any absolute bar to proceeding with a case.
Judge-Rapporteur.
Article 151
3. The
parties
may,
for
the
purposes
of
enforcement,
apply
for an authenticated copy of the order.
Preliminary objections and issues
1. A
party
applying
to
the
Court
for
a
decision
on
a
preliminary objection or issue not going to the substance of
Article 146
the case shall submit the application by a separate document.
Procedure for payment
1. Sums due from the cashier of the Court and from its
2. The
application
must
state
the
pleas
of
law
and
arguments
debtors shall be paid in euro.
relied on and the form of order sought by the applicant; any
supporting items and documents must be annexed to it.
2. Where
costs
to
be
recovered
have
been
incurred
in
a
currency other than the euro or where the steps in respect of
3. As
soon
as
the
application
has
been
submitted,
the
which payment is due were taken in a country of which the
President shall prescribe a time-limit within which the
euro is not the currency, the conversion shall be effected at the
opposite party may submit in writing his pleas in law and
European Central Bank’s official rates of exchange on the day of
the form of order which he seeks.
payment.
4. Unless the Court decides otherwise, the remainder of the
Chapter 7
proceedings on the application shall be oral.
AMICABLE SETTLEMENT, DISCONTINUANCE, CASES THAT DO NOT
PROCEED TO JUDGMENT AND PRELIMINARY ISSUES
5. The
Court
shall,
after
hearing
the
Advocate
General,
Article 147
decide on the application as soon as possible or, where
special circumstances so justify, reserve its decision until it
Amicable settlement
rules on the substance of the case.
1.
If, before the Court has given its decision, the parties reach
a settlement of their dispute and inform the Court of the aban
6. If
the
Court
refuses
the
application
or
reserves
its
decision,
donment of their claims, the President shall order the case to be
the President shall prescribe new time-limits for the further
removed from the register and shall give a decision as to costs
steps in the proceedings.
in accordance with Article 141, having regard to any proposals
made by the parties on the matter.
Chapter 8
2. This
provision
shall
not
apply
to
proceedings
under
JUDGMENTS BY DEFAULT
Articles 263 TFEU and 265 TFEU.
Article 152
Judgments by default
Article 148
1. If
a
defendant
on
whom
an
application
initiating
Discontinuance
proceedings has been duly served fails to respond to the appli
cation in the proper form and within the time-limit prescribed,
If the applicant informs the Court in writing or at the hearing
the applicant may apply to the Court for judgment by default.
that he wishes to discontinue the proceedings, the President
shall order the case to be removed from the register and shall
give a decision as to costs in accordance with Article 141.
2. The
application
for
judgment
by
default
shall
be
served
on
the defendant. The Court may decide to open the oral part of
the procedure on the application.
Article 149
Cases that do not proceed to judgment
3. Before
giving
judgment
by
default
the
Court
shall,
after
If the Court declares that the action has become devoid of
hearing the Advocate General, consider whether the application
purpose and that there is no longer any need to adjudicate
initiating proceedings is admissible, whether the appropriate
on it, the Court may at any time of its own motion, on a
formalities have been complied with, and whether the appli
proposal from the Judge-Rapporteur and after hearing the
cant’s claims appear well founded. The Court may adopt
parties and the Advocate General, decide to rule by reasoned
measures of organisation of procedure or order measures of
order. It shall give a decision as to costs.
inquiry.

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4. A
judgment
by
default
shall
be
enforceable.
The
Court 2. The
application
shall
be
served
on
the
opposite
party
and
may, however, grant a stay of execution until the Court has
the President shall prescribe a time-limit within which that party
given its decision on any application under Article 156 to set
may submit written observations.
aside the judgment, or it may make execution subject to the
provision of security of an amount and nature to be fixed in the
light of the circumstances; this security shall be released if no
3. After
these
observations
have
been
submitted,
the
Court
such application is made or if the application fails.
shall, after hearing the Advocate General, decide both on the
admissibility and on the substance of the application.
Chapter 9
Article 156
REQUESTS AND APPLICATIONS RELATING TO JUDGMENTS AND
ORDERS
Application to set aside
Article 153
1. Application
may
be
made
pursuant
to
Article
41
of
the
Statute to set aside a judgment delivered by default.
Competent formation of the Court
1. With
the
exception
of
applications
referred
to
in 2. The
application
to
set
aside
the
judgment
must
be
made
Article 159, the requests and applications referred to in this
within one month from the date of service of the judgment and
Chapter shall be assigned to the Judge-Rapporteur who was
must be submitted in the form prescribed by Articles 120 to
responsible for the case to which the request or application
122 of these Rules.
relates, and shall be assigned to the formation of the Court
which gave a decision in that case.
3. After the application has been served, the President shall
prescribe a time-limit within which the other party may submit
2. If
the
Judge-Rapporteur
is
prevented
from
acting,
the his written observations.
President of the Court shall assign the request or application
referred to in this Chapter to a Judge who was a member of the
formation of the Court which gave a decision in the case to
4. The
proceedings
shall
be
conducted
in
accordance
with
which that request or application relates.
Articles 59 to 92 of these Rules.
3. If the quorum referred to in Article 17 of the Statute can
5. The
Court
shall
decide
by
way
of
a
judgment
which
may
no longer be attained, the Court shall, on a proposal from the
not be set aside.
Judge-Rapporteur and after hearing the Advocate General, assign
the request or application to a new formation of the Court.
6. The
original
of
this
judgment
shall
be
annexed
to
the
original of the judgment by default. A note of the judgment
Article 154
on the application to set aside shall be made in the margin of
the original of the judgment by default.
Rectification
1. Without
prejudice
to
the
provisions
relating
to
the
inter
Article 157
pretation of judgments and orders, clerical mistakes, errors in
calculation and obvious inaccuracies may be rectified by the
Third-party proceedings
Court, of its own motion or at the request of a party made
within two weeks after delivery of the judgment or service of
1. Articles 120 to 122 of these Rules shall apply to an
the order.
application initiating third-party proceedings made pursuant to
Article 42 of the Statute. In addition such an application shall:
2. Where the request for rectification concerns the operative
part or one of the grounds constituting the necessary support
(a) specify the judgment or order contested;
for the operative part, the parties, whom the Registrar shall duly
inform, may submit written observations within a time-limit
(b) state how the contested decision is prejudicial to the rights
prescribed by the President.
of the third party;
3. The
Court
shall
take
its
decision
after
hearing
the (c) indicate the reasons for which the third party was unable to
Advocate General.
take part in the original case.
4. The
original
of
the
rectification
order
shall
be
annexed
to
the original of the rectified decision. A note of this order shall
2. The
application
must
be
made
against
all
the
parties
to
the
be made in the margin of the original of the rectified decision.
original case.
Article 155
3. The
application
must
be
submitted
within
two
months
of
publication of the decision in the Official Journal of the European
Failure to adjudicate
Union.
1. If
the
Court
has
failed
to
adjudicate
on
a
specific
head
of
claim or on costs, any party wishing to rely on that may, within
4. The
Court
may,
on
application
by
the
third
party,
order
a
a month after service of the decision, apply to the Court to
stay of execution of the contested decision. The provisions of
supplement its decision.
Chapter 10 of this Title shall apply.

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5. The
contested
decision
shall
be
varied
on
the
points
on
(a) specify the judgment or order contested;
which the submissions of the third party are upheld.
(b) indicate the points on which the decision is contested;
6. The original of the judgment in the third-party
proceedings shall be annexed to the original of the contested
decision. A note of the judgment in the third-party proceedings
(c) set out the facts on which the application is founded;
shall be made in the margin of the original of the contested
decision.
(d) indicate the nature of the evidence to show that there are
facts justifying revision, and that the time-limits laid down
Article 158
in paragraph 2 have been observed.
Interpretation
4. The
application
for
revision
must
be
made
against
all
1. In
accordance
with
Article
43
of
the
Statute,
if
the parties to the case in which the contested decision was given.
meaning or scope of a judgment or order is in doubt, the
Court shall construe it on application by any party or any
5. Without
prejudice
to
its
decision
on
the
substance,
the
institution of the European Union establishing an interest
Court shall, after hearing the Advocate General, give in the
therein.
form of an order its decision on the admissibility of the appli
cation, having regard to the written observations of the parties.
2. An
application
for
interpretation
must
be
made
within
two years after the date of delivery of the judgment or service
6. If the Court declares the application admissible, it shall
of the order.
proceed to consider the substance of the application and shall
give its decision in the form of a judgment in accordance with
3. An
application
for
interpretation
shall
be
made
in these Rules.
accordance with Articles 120 to 122 of these Rules. In
addition it shall specify:
7. The
original
of
the
revising
judgment
shall
be
annexed
to
the original of the decision revised. A note of the revising
(a) the decision in question;
judgment shall be made in the margin of the original of the
decision revised.
(b) the passages of which interpretation is sought.
Chapter 10
4. The
application
must
be
made
against
all
the
parties
to
the SUSPENSION OF OPERATION OR ENFORCEMENT AND OTHER
case in which the decision of which interpretation is sought was
INTERIM MEASURES
given.
Article 160
5. The Court shall give its decision after having given the
Application for suspension or for interim measures
parties an opportunity to submit their observations and after
hearing the Advocate General.
1. An
application
to
suspend
the
operation
of
any
measure
adopted by an institution, made pursuant to Article 278 TFEU
or Article 157 TEAEC, shall be admissible only if the applicant
6. The
original
of
the
interpreting
decision
shall
be
annexed has challenged that measure in an action before the Court.
to the original of the decision interpreted. A note of the inter
preting decision shall be made in the margin of the original of
the decision interpreted.
2. An application for the adoption of one of the other
interim measures referred to in Article 279 TFEU shall be
admissible only if it is made by a party to a case before the
Article 159
Court and relates to that case.
Revision
3. An
application
of
a
kind
referred
to
in
the
preceding
1. In
accordance
with
Article
44
of
the
Statute,
an
appli
paragraphs shall state the subject-matter of the proceedings,
cation for revision of a decision of the Court may be made
the circumstances giving rise to urgency and the pleas of fact
only on discovery of a fact which is of such a nature as to
and law establishing a prima facie case for the interim measure
be a decisive factor and which, when the judgment was
applied for.
delivered or the order served, was unknown to the Court and
to the party claiming the revision.
4. The
application
shall
be
made
by
a
separate
document
and
2. Without
prejudice
to
the
time-limit
of
10
years
prescribed in accordance with the provisions of Articles 120 to 122 of
in the third paragraph of Article 44 of the Statute, an appli
these Rules.
cation for revision shall be made within three months of the
date on which the facts on which the application is founded
5. The
application
shall
be
served
on
the
opposite
party,
and
came to the applicant’s knowledge.
the President shall prescribe a short time-limit within which that
party may submit written or oral observations.
3. Articles 120 to 122 of these Rules shall apply to an
application for revision. In addition such an application shall:
6. The
President
may
order
a
preparatory
inquiry.

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7. The
President
may
grant
the
application
even
before
the 2. The
order
granting
the
application
shall
fix,
where
appro
observations of the opposite party have been submitted. This
priate, a date on which the interim measure is to lapse.
decision may be varied or cancelled even without any appli
cation being made by any party.
Article 166
Application pursuant to Article 81 TEAEC
Article 161
1. An
application
of
a
kind
referred
to
in
the
third
and
Decision on the application
fourth paragraphs of Article 81 TEAEC shall contain:
1. The
President
shall
either
decide
on
the
application
himself or refer it immediately to the Court.
(a) the names and addresses of the persons or undertakings to
be inspected;
2. If the President is prevented from acting, Articles 10 and
(b) an indication of what is to be inspected and of the purpose
13 of these Rules shall apply.
of the inspection.
3. Where the application is referred to it, the Court shall give
2. The President shall give his decision in the form of an
a decision immediately, after hearing the Advocate General.
order. Article 162 of these Rules shall apply.
Article 162
3. If the President is prevented from acting, Articles 10 and
13 of these Rules shall apply.
Order for suspension of operation or for interim measures
1. The decision on the application shall take the form of a
TITLE V
reasoned order, from which no appeal shall lie. The order shall
APPEALS AGAINST DECISIONS OF THE GENERAL COURT
be served on the parties forthwith.
Chapter 1
2. The execution of the order may be made conditional on
FORM AND CONTENT OF THE APPEAL, AND FORM OF ORDER
the lodging by the applicant of security, of an amount and
SOUGHT
nature to be fixed in the light of the circumstances.
Article 167
Lodging of the appeal
3. Unless the order fixes the date on which the interim
measure is to lapse, the measure shall lapse when the
1. An
appeal
shall
be
brought
by
lodging
an
application
at
judgment which closes the proceedings is delivered.
the Registry of the Court of Justice or of the General Court.
2. The
Registry
of
the
General
Court
shall
forthwith
transmit
4. The order shall have only an interim effect, and shall be
to the Registry of the Court of Justice the file in the case at first
without prejudice to the decision of the Court on the substance
instance and, where necessary, the appeal.
of the case.
Article 168
Article 163
Content of the appeal
Change in circumstances
1. An
appeal
shall
contain:
On application by a party, the order may at any time be varied
or cancelled on account of a change in circumstances.
(a) the name and address of the appellant;
Article 164
(b) a reference to the decision of the General Court appealed
against;
New application
Rejection of an application for an interim measure shall not bar
(c) the names of the other parties to the relevant case before
the party who made it from making a further application on the
the General Court;
basis of new facts.
(d) the pleas in law and legal arguments relied on, and a
summary of those pleas in law;
Article 165
Applications pursuant to Articles 280 TFEU and 299 TFEU
(e) the form of order sought by the appellant.
and Article 164 TEAEC
1. The
provisions
of
this
Chapter
shall
apply
to
applications 2. Articles
119,
121
and
122(1)
of
these
Rules
shall
apply
to
to suspend the enforcement of a decision of the Court or of any
appeals.
measure adopted by the Council, the European Commission or
the European Central Bank, submitted pursuant to Articles 280
3. The appeal shall state the date on which the decision
TFEU and 299 TFEU or Article 164 TEAEC.
appealed against was served on the appellant.

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4. If an appeal does not comply with paragraphs 1 to 3 of
Article 173
this Article, the Registrar shall prescribe a reasonable time-limit
within which the appellant is to put the appeal in order. If the
Content of the response
appellant fails to put the appeal in order within the time-limit
1. A
response
shall
contain:
prescribed, the Court of Justice shall, after hearing the Judge-
Rapporteur and the Advocate General, decide whether the non-
compliance with that formal requirement renders the appeal
(a) the name and address of the party submitting it;
formally inadmissible.
(b) the date on which the appeal was served on him;
Article 169
(c) the pleas in law and legal arguments relied on;
Form of order sought, pleas in law and arguments of the
appeal
(d) the form of order sought.
1. An appeal shall seek to have set aside, in whole or in part,
the decision of the General Court as set out in the operative
part of that decision.
2. Articles
119
and
121
of
these
Rules
shall
apply
to
responses.
2. The pleas in law and legal arguments relied on shall
Article 174
identify precisely those points in the grounds of the decision
of the General Court which are contested.
Form of order sought in the response
A response shall seek to have the appeal allowed or dismissed,
Article 170
in whole or in part.
Form of order sought in the event that the appeal is
allowed
Article 175
1. An appeal shall seek, in the event that it is declared well
Reply and rejoinder
founded, the same form of order, in whole or in part, as that
1. The appeal and the response may be supplemented by a
sought at first instance and shall not seek a different form of
reply and a rejoinder only where the President, on a duly
order. The subject-matter of the proceedings before the General
reasoned application submitted by the appellant within seven
Court may not be changed in the appeal.
days of service of the response, considers it necessary, after
hearing the Judge-Rapporteur and the Advocate General, in
particular to enable the appellant to present his views on a
2. Where the appellant requests that the case be referred
plea of inadmissibility or on new matters relied on in the
back to the General Court if the decision appealed against is
response.
set aside, he shall set out the reasons why the state of the
proceedings does not permit a decision by the Court of Justice.
2. The President shall fix the date by which the reply is to be
produced and, upon service of that pleading, the date by which
Chapter 2
the rejoinder is to be produced. He may limit the number of
pages and the subject-matter of those pleadings.
RESPONSES, REPLIES AND REJOINDERS
Article 171
Chapter 3
Service of the appeal
FORM AND CONTENT OF THE CROSS-APPEAL, AND FORM OF
1. The
appeal
shall
be
served
on
the
other
parties
to
the
ORDER SOUGHT
relevant case before the General Court.
Article 176
Cross-appeal
2. In
a
case
where
Article
168(4)
of
these
Rules
applies, 1. The
parties
referred
to
in
Article
172
of
these
Rules
may
service shall be effected as soon as the appeal has been put
submit a cross-appeal within the same time-limit as that
in order or the Court of Justice has declared it admissible
prescribed for the submission of a response.
notwithstanding the failure to observe the formal requirements
laid down by that Article.
2. A
cross-appeal
must
be
introduced
by
a
document
separate from the response.
Article 172
Parties authorised to lodge a response
Article 177
Any party to the relevant case before the General Court having
Content of the cross-appeal
an interest in the appeal being allowed or dismissed may submit
a response within two months after service on him of the
1. A
cross-appeal
shall
contain:
appeal. The time-limit for submitting a response shall not be
extended.
(a) the name and address of the party bringing the cross-appeal;

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(b) the date on which the appeal was served on him;
Chapter 5
APPEALS DETERMINED BY ORDER
(c) the pleas in law and legal arguments relied on;
Article 181
Manifestly inadmissible or manifestly unfounded appeal or
(d) the form of order sought.
cross-appeal
Where the appeal or cross-appeal is, in whole or in part, mani
2. Articles 119, 121 and 122(1) and (3) of these Rules shall
festly inadmissible or manifestly unfounded, the Court may at
apply to cross-appeals.
any time, acting on a proposal from the Judge-Rapporteur and
after hearing the Advocate General, decide by reasoned order to
dismiss that appeal or cross-appeal in whole or in part.
Article 178
Article 182
Form of order sought, pleas in law and arguments of the
cross-appeal
Manifestly well-founded appeal or cross-appeal
1. A cross-appeal shall seek to have set aside, in whole or in
Where the Court has already ruled on one or more questions of
part, the decision of the General Court.
law identical to those raised by the pleas in law of the appeal or
cross-appeal and considers the appeal or cross-appeal to be
manifestly well founded, it may, acting on a proposal from
2. It
may
also
seek
to
have
set
aside
an
express
or
implied the Judge-Rapporteur and after hearing the parties and the
decision relating to the admissibility of the action before the
Advocate General, decide by reasoned order in which
General Court.
reference is made to the relevant case-law to declare the
appeal or cross-appeal manifestly well founded.
3. The pleas in law and legal arguments relied on shall
identify precisely those points in the grounds of the decision
Chapter 6
of the General Court which are contested. The pleas in law and
EFFECT ON A CROSS-APPEAL OF THE REMOVAL OF THE APPEAL
arguments must be separate from those relied on in the
FROM THE REGISTER
response.
Article 183
Effect on a cross-appeal of the discontinuance or manifest
Chapter 4
inadmissibility of the appeal
PLEADINGS CONSEQUENT ON THE CROSS-APPEAL
A cross-appeal shall be deemed to be devoid of purpose:
Article 179
Response to the cross-appeal
(a) if the appellant discontinues his appeal;
Where a cross-appeal is brought, the applicant at first instance
(b) if the appeal is declared manifestly inadmissible for non-
or any other party to the relevant case before the General Court
compliance with the time-limit for lodging an appeal;
having an interest in the cross-appeal being allowed or
dismissed may submit a response, which must be limited to
the pleas in law relied on in that cross-appeal, within two
(c) if the appeal is declared manifestly inadmissible on the sole
months after its being served on him. That time-limit shall
ground that it is not directed against a final decision of the
not be extended.
General Court or against a decision disposing of the
substantive issues in part only or disposing of a procedural
issue concerning a plea of lack of competence or inadmis
Article 180
sibility within the meaning of the first paragraph of
Article 56 of the Statute.
Reply and rejoinder on a cross-appeal
1. The
cross-appeal
and
the
response
thereto
may
be
supple
Chapter 7
mented by a reply and a rejoinder only where the President, on
a duly reasoned application submitted by the party who
COSTS AND LEGAL AID IN APPEALS
brought the cross-appeal within seven days of service of the
Article 184
response to the cross-appeal, considers it necessary, after
hearing the Judge-Rapporteur and the Advocate General, in
Costs in appeals
particular to enable that party to present his views on a plea
of inadmissibility or on new matters relied on in the response
1. Subject to the following provisions, Articles 137 to 146
to the cross-appeal.
of these Rules shall apply, mutatis mutandis, to the procedure
before the Court of Justice on an appeal against a decision of
the General Court.
2. The President shall fix the date by which that reply is to
be produced and, upon service of that pleading, the date by
2. Where the appeal is unfounded or where the appeal is
which the rejoinder is to be produced. He may limit the number
well founded and the Court itself gives final judgment in the
of pages and the subject-matter of those pleadings.
case, the Court shall make a decision as to the costs.

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3. When
an
appeal
brought
by
a
Member
State
or
an
insti
2. If the Judge-Rapporteur is not a member of a Chamber of
tution of the European Union which did not intervene in the
three Judges, the decision shall be taken, under the same
proceedings before the General Court is well founded, the Court
conditions, by the Chamber of five Judges to which he is
of Justice may order that the parties share the costs or that the
assigned. In addition to the Judge-Rapporteur, the formation
successful appellant pay the costs which the appeal has caused
of the Court shall be composed of four Judges designated
an unsuccessful party to incur.
from the list referred to in Article 28(2) on the date on
which the application for legal aid is brought before that
Chamber by the Judge-Rapporteur.
4. Where the appeal has not been brought by an intervener
at first instance, he may not be ordered to pay costs in the
appeal proceedings unless he participated in the written or oral
3. The
formation
of
the
Court
shall
give
its
decision
by
way
part of the proceedings before the Court of Justice. Where an
of order. Where the application for legal aid is refused in whole
intervener at first instance takes part in the proceedings, the
or in part, the order shall state the reasons for that refusal.
Court may decide that he shall bear his own costs.
Article 185
Article 188
Legal aid
Sums to be advanced as legal aid
1. A party who is wholly or in part unable to meet the costs
1. Where legal aid is granted, the cashier of the Court shall
of the proceedings may at any time apply for legal aid.
be responsible, where applicable within the limits set by the
formation of the Court, for costs involved in the assistance
and representation of the applicant before the Court. At the
2. The
application
shall
be
accompanied
by
all
information request of the applicant or his representative, an advance on
and supporting documents making it possible to assess the
those costs may be paid.
applicant’s financial situation, such as a certificate issued by a
competent national authority attesting to his financial situation.
2. In its decision as to costs the Court may order the
payment to the cashier of the Court of sums advanced as
Article 186
legal aid.
Prior application for legal aid
1. If the application is made prior to the appeal which the
3. The
Registrar
shall
take
steps
to
obtain
the
recovery
of
applicant for legal aid intends to commence, it shall briefly state
these sums from the party ordered to pay them.
the subject of the appeal.
2. The
application
for
legal
aid
need
not
be
made
through
a
Article 189
lawyer.
Withdrawal of legal aid
The formation of the Court which gave a decision on the
3. The
introduction
of
an
application
for
legal
aid
shall,
with application for legal aid may at any time, either of its own
regard to the person who made that application, suspend the
motion or on request, withdraw that legal aid if the circum
time-limit prescribed for the bringing of the appeal until the
stances which led to its being granted alter during the
date of service of the order making a decision on that appli
proceedings.
cation.
Chapter 8
4. The President shall assign the application for legal aid, as
soon as it is lodged, to a Judge-Rapporteur who shall put
OTHER PROVISIONS APPLICABLE TO APPEALS
forward, promptly, a proposal as to the action to be taken on it.
Article 190
Other provisions applicable to appeals
Article 187
1. Articles 127, 129 to 136, 147 to 150, 153 to 155 and
Decision on the application for legal aid
157 to 166 of these Rules shall apply to the procedure before
1. The decision to grant legal aid, in whole or in part, or to
the Court of Justice on an appeal against decisions of the
refuse it shall be taken, on a proposal from the Judge-
General Court.
Rapporteur and after hearing the Advocate General, by the
Chamber of three Judges to which the Judge-Rapporteur is
assigned. In that event, the formation of the Court shall be
2. By
way
of
derogation
from
Article
130(1),
an
application
composed of the President of that Chamber, the Judge-
to intervene shall, however, be made within one month of the
Rapporteur and the first Judge or, as the case may be, the
publication of the notice referred to in Article 21(4).
first two Judges designated from the list referred to in
Article 28(3) on the date on which the application for legal
aid is brought before that Chamber by the Judge-Rapporteur.
3. Article
95
shall
apply, mutatis mutandis, to the procedure
It shall consider, if appropriate, whether the appeal is manifestly
before the Court of Justice on an appeal against decisions of the
unfounded.
General Court.

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TITLE VI
paragraph of Article 62a of the Statute shall forthwith be
informed by the Registrar of the decision of the Court of
REVIEW OF DECISIONS OF THE GENERAL COURT
Justice to review the decision of the General Court.
Article 191
Reviewing Chamber
6. Notice of the date of the decision to review the decision
A Chamber of five Judges shall be designated for a period of
of the General Court and of the questions which are to be
one year for the purpose of deciding, in accordance with
reviewed shall be published in the Official Journal of the
Articles 193 and 194 of these Rules, whether a decision of
European Union.
the General Court is to be reviewed in accordance with
Article 62 of the Statute.
Article 194
Article 192
Review of preliminary rulings
Information and communication of decisions which may
1. The
proposal
of
the
First
Advocate
General
to
review
a
be reviewed
decision of the General Court given under Article 256(3) TFEU
shall be forwarded to the President of the Court of Justice and
1. As soon as the date for the delivery or signature of a
to the President of the reviewing Chamber. Notice of that trans
decision to be given under Article 256(2) or (3) TFEU is
mission shall be given to the Registrar at the same time.
fixed, the Registry of the General Court shall inform the
Registry of the Court of Justice.
2. As soon as he is informed of the existence of a proposal,
2. The
decision
shall
be
communicated
to
the
Registry
of
the the Registrar shall communicate the file in the case before the
Court of Justice immediately upon its delivery or signature, as
General Court to the members of the reviewing Chamber.
shall the file in the case, which shall be made available forthwith
to the First Advocate General.
3. The
Registrar
shall
also
inform
the
General
Court,
the
referring court or tribunal, the parties to the main proceedings
Article 193
and the other interested persons referred to in the second
paragraph of Article 62a of the Statute of the existence of a
Review of decisions given on appeal
proposal to review.
1. The
proposal
of
the
First
Advocate
General
to
review
a
decision of the General Court given under Article 256(2) TFEU
shall be forwarded to the President of the Court of Justice and
4. As
soon
as
the
proposal
to
review
has
been
received,
the
to the President of the reviewing Chamber. Notice of that trans
President of the Court shall designate the Judge-Rapporteur
mission shall be given to the Registrar at the same time.
from among the Judges of the reviewing Chamber on a
proposal from the President of that Chamber. The composition
of the formation of the Court shall be determined in accordance
2. As soon as he is informed of the existence of a proposal,
with Article 28(2) of these Rules on the day on which the case
the Registrar shall communicate the file in the case before the
is assigned to the Judge-Rapporteur.
General Court to the members of the reviewing Chamber.
5. That Chamber, acting on a proposal from the Judge-
3. As
soon
as
the
proposal
to
review
has
been
received,
the Rapporteur, shall decide whether the decision of the General
President of the Court shall designate the Judge-Rapporteur
Court is to be reviewed. The decision to review the decision
from among the Judges of the reviewing Chamber on a
of the General Court shall indicate only the questions which are
proposal from the President of that Chamber. The composition
to be reviewed.
of the formation of the Court shall be determined in accordance
with Article 28(2) of these Rules on the day on which the case
is assigned to the Judge-Rapporteur.
6. The
General
Court,
the
referring
court
or
tribunal,
the
parties to the main proceedings and the other interested
persons referred to in the second paragraph of Article 62a of
4. That
Chamber,
acting
on
a
proposal
from
the
Judge- the Statute shall forthwith be informed by the Registrar of the
Rapporteur, shall decide whether the decision of the General
decision of the Court of Justice as to whether or not the
Court is to be reviewed. The decision to review the decision
decision of the General Court is to be reviewed.
of the General Court shall indicate only the questions which are
to be reviewed.
7. Notice of the date of the decision to review the decision
of the General Court and of the questions which are to be
5. The General Court, the parties to the proceedings before it
reviewed shall be published in the Official Journal of the
and the other interested persons referred to in the second
European Union.

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Article 195
Article 197
Judgment on the substance of the case after a decision to
Designation of the Judge-Rapporteur and of the Advocate
review
General
1. The decision to review a decision of the General Court
As soon as the request for an Opinion has been submitted, the
shall be served on the parties and other interested persons
President shall designate a Judge-Rapporteur and the First
referred to in the second paragraph of Article 62a of the
Advocate General shall assign the case to an Advocate General.
Statute. The decision served on the Member States, and the
States, other than the Member States, which are parties to the
EEA Agreement, as well as the EFTA Surveillance Authority,
Article 198
shall be accompanied by a translation of the decision of the
Hearing
Court of Justice in accordance with the provisions of Article 98
of these Rules. The decision of the Court of Justice shall also be
The Court may decide that the procedure before it shall also
communicated to the General Court and, if applicable, to the
include a hearing.
referring court or tribunal.
Article 199
2. Within one month of the date of service referred to in
Time-limit for delivering the Opinion
paragraph 1, the parties and other interested persons on whom
The Court shall deliver its Opinion as soon as possible, after
the decision of the Court of Justice has been served may lodge
hearing the Advocate General.
statements or written observations on the questions which are
subject to review.
Article 200
Delivery of the Opinion
3. As soon as a decision to review a decision of the General
Court has been taken, the First Advocate General shall assign
The Opinion, signed by the President, the Judges who took part
the review to an Advocate General.
in the deliberations and the Registrar, shall be delivered in open
court. It shall be served on all the Member States and on the
institutions referred to in Article 196(1).
4. The
reviewing
Chamber
shall
rule
on
the
substance
of
the
case, after hearing the Advocate General.
TITLE VIII
PARTICULAR FORMS OF PROCEDURE
5. It
may,
however,
request
the
Court
of
Justice
to
assign
the
case to a formation of the Court composed of a greater number
Article 201
of Judges.
Appeals against decisions of the arbitration committee
1. An
application
initiating
an
appeal
under
the
second
6. Where the decision of the General Court which is subject
paragraph of Article 18 TEAEC shall state:
to review was given under Article 256(2) TFEU, the Court of
Justice shall make a decision as to costs.
(a) the name and permanent address of the applicant;
TITLE VII
(b) the description of the signatory;
OPINIONS
(c) a reference to the arbitration committee’s decision against
Article 196
which the appeal is made;
Written part of the procedure
(d) the names of the respondents;
1. In
accordance
with
Article
218(11)
TFEU,
a
request
for
an
Opinion may be made by a Member State, by the European
Parliament, by the Council or by the European Commission.
(e) a summary of the facts;
(f) the grounds on which the appeal is based and arguments
2. A
request
for
an
Opinion
may
relate
both
to
whether
the
relied on, and a brief statement of those grounds;
envisaged agreement is compatible with the provisions of the
Treaties and to whether the European Union or any institution
of the European Union has the power to enter into that
(g) the form of order sought by the applicant.
agreement.
2. Articles 119 and 121 of these Rules shall apply to the
application.
3. It shall be served on the Member States and on the insti
tutions referred to in paragraph 1, and the President shall
prescribe a time-limit within which they may submit written
3.
A certified copy of the contested decision shall be annexed
observations.
to the application.

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EN
29.9.2012 Official
Journal
of
the
European
Union L
265/41
4. As
soon
as
the
application
has
been
lodged,
the
Registrar 3. The
request
shall
be
made
in
one
of
the
languages
referred
of the Court shall request the arbitration committee registry to
to in Article 36 of these Rules. Article 38 shall apply. The
transmit to the Court the file in the case.
provisions of Article 98 shall apply mutatis mutandis.
5. Articles 123 and 124 of these Rules shall apply to this
procedure. The Court may decide that the procedure before it
4. As
soon
as
the
request
referred
to
in
paragraph
1
of
this
shall also include a hearing.
Article has been submitted, the President shall designate a
Judge-Rapporteur. The First Advocate General shall, immediately
afterwards, assign the request to an Advocate General.
6. The
Court
shall
give
its
decision
in
the
form
of
a
judgment. Where the Court sets aside the decision of the
arbitration committee it may refer the case back to the
5. The
Court
shall,
after
hearing
the
Advocate
General,
give
a
committee.
reasoned decision on the request.
Article 202
6. The decision of the Court, signed by the President, the
Procedure under Article 103 TEAEC
Judges who took part in the deliberations and the Registrar,
shall be served on the Contracting Parties and on the other
1. Four
certified
copies
shall
be
lodged
of
an
application interested persons referred to in paragraphs 1 and 2.
under the third paragraph of Article 103 TEAEC. The appli
cation shall be accompanied by the draft of the agreement or
contract concerned, by the observations of the European
Commission addressed to the State concerned and by all
Article 205
other supporting documents.
Settlement of the disputes referred to in Article 35 TEU in
the version in force before the entry into force of the
2. The
application
and
annexes
thereto
shall
be
served
on
the
Treaty of Lisbon
European Commission, which shall have a time-limit of 10 days
1. In
the
case
of
disputes
between
Member
States
as
referred
from such service to submit its written observations. This time-
to in Article 35(7) TEU in the version in force before the entry
limit may be extended by the President after the State concerned
into force of the Treaty of Lisbon, as maintained in force by
has been heard.
Protocol No 36 annexed to the Treaties, the matter shall be
brought before the Court by an application by a party to the
dispute. The application shall be served on the other Member
3. Following
the
lodging
of
such
observations,
which
shall
be States and on the European Commission.
served on the State concerned, the Court shall give its decision
promptly, after hearing the Advocate General and, if they so
request, the State concerned and the European Commission.
2. In
the
case
of
disputes
between
Member
States
and
the
European Commission as referred to in Article 35(7) TEU in the
Article 203
version in force before the entry into force of the Treaty of
Lisbon, as maintained in force by Protocol No 36 annexed to
Procedures under Articles 104 TEAEC and 105 TEAEC
the Treaties, the matter shall be brought before the Court by an
Applications under the third paragraph of Article 104 TEAEC
application by a party to the dispute. The application shall be
and the second paragraph of Article 105 TEAEC shall be
served on the other Member States, the Council and the
governed by the provisions of Titles II and IV of these Rules.
European Commission if it was submitted by a Member State.
Such applications shall also be served on the State to which the
The application shall be served on the Member States and on
respondent person or undertaking belongs.
the Council if it was submitted by the European Commission.
Article 204
3. The
President
shall
prescribe
a
time-limit
within
which
the
Procedure provided for by Article 111(3) of the EEA
institutions and the Member States on which the application has
Agreement
been served may submit written observations.
1. In
the
case
governed
by
Article
111(3)
of
the
EEA
Agreement, the matter shall be brought before the Court by a
4. As
soon
as
the
application
referred
to
in
paragraphs
1
and
request submitted by the Contracting Parties which are parties
2 has been submitted, the President shall designate a Judge-
to the dispute. The request shall be served on the other
Rapporteur. The First Advocate General shall, immediately after
Contracting Parties, on the European Commission, on the
wards, assign the application to an Advocate General.
EFTA Surveillance Authority and, where appropriate, on the
other interested persons on whom a request for a preliminary
ruling raising the same question of interpretation of European
Union legislation would be served.
5. The
Court
may
decide
that
the
procedure
before
it
shall
also include a hearing.
2. The
President
shall
prescribe
a
time-limit
within
which
the
Contracting Parties and the other interested persons on whom
6. The
Court
shall,
after
the
Advocate
General
has
delivered
the request has been served may submit written observations.
his Opinion, give its ruling on the dispute by way of judgment.

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L 265/42
EN
Official Journal of the European Union
29.9.2012
7. The
same
procedure
as
that
laid
down
in
the
preceding
FINAL PROVISIONS
paragraphs shall apply where an agreement concluded between
the Member States confers jurisdiction on the Court to rule on a
Article 207
dispute between Member States or between Member States and
Supplementary rules
an institution.
Subject to the provisions of Article 253 TFEU and after consul
tation with the Governments concerned, the Court shall adopt
supplementary rules concerning its practice in relation to:
Article 206
Requests under Article 269 TFEU
(a) letters rogatory;
1. Four
certified
copies
shall
be
submitted
of
a
request
under (b) applications for legal aid;
Article 269 TFEU. The request shall be accompanied by any
relevant document and, in particular, any observations and
(c) reports by the Court of perjury by witnesses or experts,
recommendations made pursuant to Article 7 TEU.
delivered pursuant to Article 30 of the Statute.
Article 208
2. The
request
and
annexes
thereto
shall
be
served
on
the
Implementing rules
European Council or on the Council, as appropriate, each of
which shall have a time-limit of 10 days from such service to
The Court may, by a separate act, adopt practice rules for the
submit its written observations. This time-limit shall not be
implementation of these Rules.
extended.
Article 209
Repeal
3. The request and annexes thereto shall also be
communicated to the Member States other than the State in
These Rules replace the Rules of Procedure of the Court of
question, to the European Parliament and to the European
Justice of the European Communities adopted on 19 June
Commission.
1991, as last amended on 24 May 2011 (Official Journal of
the European Union, L 162 of 22 June 2011, p. 17).
Article 210
4. Following the lodging of the observations referred to in
paragraph 2, which shall be served on the Member State
Publication and entry into force of these Rules
concerned and on the States and institutions referred to in
paragraph 3, the Court shall give its decision within a time-
These Rules, which are authentic in the languages referred to in
limit of one month from the lodging of the request and after
Article 36 of these Rules, shall be published in the Official
hearing the Advocate General. At the request of the Member
Journal of the European Union and shall enter into force on the
State concerned, the European Council or the Council, or of its
first day of the second month following their publication.
own motion, the Court may decide that the procedure before it
shall also include a hearing, which all the States and institutions
referred to in this Article shall be given notice to attend.
Done at Luxembourg, 25 September 2012.

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