Abstract
The Court of Justice was required by Art. 44 of the Protocol on the Statute of the Court to draw up its Rules of Procedure1 and these, after dealing with the judges and officials of the Court, set out general provisions for the functioning of the Court itself.
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References
Section 5, par. 2 of the Protocol on Transitory Provisions sets out that these Rules shall be formulated within a maximum period of three months from the setting up of the Court. Certain Rules, in addition to those published in the Journal Officiel, 7th March, 1953, as amended in the Journal, 4th May, 1953, were approved by the Council of Ministers on 12th March, 1954. These rules have been incorporated into the present work with appropriate references. The fact that these Rules have been drawn up after the prescribed period of three months had elapsed is apparently not regarded by the Court as affecting their validity.
Art. 22 of the Rules.
Art. 23, par 1 of the Rules. In the absence of the President this is presumably done by the President of the First Chamber following Art. 6, par. 2 of the Rules.
Art. 23, par. 2 of the Rules.
Art. 23, par. 3 of the Rules.
Art. 18, par. 3 and Art. 41, par. 3 of the Statute. There appears nothing to prevent the Court from also hearing other cases in this manner.
Art. 18, par. 2 of the Statute.
Art. 18, par. 2 of the Statute.
Art. 24, par. 2 of the Rules.
Art. 24, par. 1 of the Rules.
Art. 18, par. 2 of the Statute.
By Art. 18, par. 1 of the Statute, each Chamber only consists of three judges.
Art. 18, par. 2 of the Statute and Art. 24, par. 3 of the Rules.
Art. 25, par. 1 of the Rules.
Art. 25, par. 2.1 of the Rules.
Art. 25, par. 2.2 of the Rules.
Art. 25, par. 3 of the Rules.
Art. 25, par. 4 of the Rules.
Art. 25, par. 6 of the Rules.
Art. 25, par. 5 of the Rules. The seniority of the judges is set out in Art. 3 of the Rules — see page 34, above.
Art. 25, par. 6 of the Rules.
Most administrative matters are either performed by the President, such as finance under Art. 18, par. 1 of the Rules, or by the Registrar. It is doubted whether the raising of the immunity of the judges can strictly be called administrative.
Art. 25, par. 8 of the Rules.
The vacations of the Court are to be governed by the calls upon its services — sous réserve des nécessités du service — Art. 17 of the Statute.
Art. 26, par. 1.1 of the Rules. It is not stated whether these dates are inclusive, though it may be assumed that they are.
Art. 26, par. 1.2 of the Rules.
Art. 26, par. 2 of the Rules. This power of summoning the Court is not stated to be transferred to those who are deputising for the President during the vacations. It would appear to be tenable that by the strict letter of the Rules only the President can do this, or alternatively that his substitute can, as temporarily exercising his powers.
Art. 26, par. 3 of the Rules. It would appear from this that if the Chambers of the Court, under Art. 23, par. 3 of the Rules, were to sit in another country they could not observe the legal holidays of that country if they were not also observed where the Court was sitting.
See page 3, above.
See Le Monde, 26th July, 1952. The discussions on this question were carried on entirely in French. See also Art. 27, par. 1 of the Rules.
Where more than one language is official by the constitution of a given country, the language to be employed shall be determined following the legislation of that country — Art. 27, par. 4 of the Rules. This provision is. inserted to cover the situation in Belgium, where both French and Dutch (Flemish) are official languages.
Art. 27, par. 2.1 of the Rules. The official language governs the language in which the original request is to be made, as well as the mémoire en defense, the submissions, the documents, the official record, the pleadings, the judgement and all other decisions of the Court.
Art. 27, par. 2.2 of the Rules.
This dispensation is likewise granted to the President of the Court for the control of the hearings, to the judges and the Advocates General when they put their questions, and to the latter also when they give their opinions — Art. 28, par. 3 of the Rules.
Art. 28, par. 4 of the Rules.
Art. 33, par. 6 of the Rules. If the papers or documents are voluminous, translations of extracts may be presented, but the Court can at any time, either ex officio, or at the request of the parties, demand a fuller or a complete translation — Art. 33, par. 6 of the Rules.
Art. 28, par. 5 of the Rules.
Art. 28, par. 4 of the Rules.
Art. 27, par. 2.2 of the Rules.
Art. 27, par. 2.2 of the Rules.
Art. 27, par. 3 of the Rules.
Art. 28, par. 1 of the Rules. It is important to note that this provision does not cover the instruction, which comes after the closing of the written procedure — see Art. 34, par. 1 of the Rules — and before the opening of the oral procedure — see Art. 45, par. 2 of the Rules.
Art. 27, par. 5 of the Rules. It would appear that the normal service of translating is provided by the Court free of charge, whereas expenses pertaining to any work of copying and of translating performed at the request of one of the parties and considered by the Registrar as extraordinary must be refunded by that party on the basis of the tariff of the Registry — Art. 2, par. 2 of the New Rules on Costs.
Art. 20, par. 1 of the Statute. The distinction between an agent and an advocate, as used in the present context, would appear to be that an agent possesses the full legal power in relation to the proceedings to undertake commitments that are binding upon his principal, whereas an advocate does not have this power. The practical advantage of agents representing member States and the organs of the Community is thus immediately apparent.
Art. 20, par. 2 of the Statute. Advocates before the Court cannot take part in any act of procedure before they have deposited with the Registry of the Court an official certificate that they are members of the Bar of one of the member States — Additional Rules on Agents and Advocates, Art. 4. If there is any dispute or doubt about this certificate, the Court is to decide — loc. cit., Art. 5, par. 1 — and if need be can validate any act already done under a defective certificate — loc. cit., Art. 5, par. 3.
Art. 20, par. 5 of the Statute.
Art. 1, par. 1 of the new Rules on Agents and Advocates.
loc. cit., Art. 1, par. 2a. 1. Should there be any dispute, the customs’ or police officials may seal the papers and documents in question which must then be forwarded without delay to the Court, so that they may be verified in the presence of the Registrar and the agent or advocate concerned — loc. cit., Art. 1, par. 2a. 2.
loc. cit., Art. 1, par. 2b — ont droit à l’attribution des devises nécessaires à l’accomplissement de leur tâche — and par. 2c.
All these rules on immunity are made to apply to professors enjoying the right of pleading before the Court — loc. cit., Art. 1, par. 3.
loc. cit., Art. 3, par. 1.
loc. cit., Art. 3, par. 2. In order to benefit from the privileges, immunities and facilities mentioned in Art. 1, agents must first establish their status by an official document supplied by the State or organ that they are representing; a copy of this is immediately forwarded to the Registrar of the Court by that State or organ — loc. cit., Art. 2a. Advocates, and professors acting as advocates, must establish their status by a certificate — pièce de légitimation — signed by the Registrar of the Court. A copy of this certificate is sent by the Registrar to the Governments of the member States in conformity with Art. 16 of the Rules. The validity of this certificate, issued for a limited duration, can be extended or reduced according to the duration of the procedure — loc. cit., Art. 2b. This is presumably done by the Court or Chamber before which the person concerned is pleading.
loc. cit., Art. 6, par. 1. This provision, in accordance with Art. 20, par. 4 of the Statute, does not apply to agents.
It is not clear which of the two Advocates General is here being referred to — cf. footnote 2, page 47.
loc. cit., Art. 6, par. 1. Where an advocate is accused of such behaviour before a magistrat it appears, on a strict interpretation, that either the Court or a Chamber can take the action set out. Alternatively, the judicial authority concerned can presumably impose penalties. In the original draft of this provision there was no mention of a magistrat, which made interpretation simpler.
loc. cit., Art. 6, par. 2.
loc. cit., Art. 6, par. 3.
loc. cit., Art. 6, par. 4. All provisions on disciplinary measures set out above are expressly made applicable to professors entitled to plead before the Court and to advocates assisting agents representing a State or one of the organs of the Community — loc. cit., Art. 7. It is not felt, however, that this express reference to “advocates assisting agents” implies that elsewhere the word “advocates” was intended to exclude them, so that the necessity for this reference to them is not understood.
La Cour est saisie par une requête addressee au greffier. For the means of bringing a request for an injunction against the carrying out of a decision of the High Authority, and for the special procedure concerning the revision of the powers of the High Authority, see pages 169 and 172, below.
For rules applying to every act of procedure, see page 153, below.
La requête doit contenir Vindication du nom et de la demeure de la partie et de la qualité du signataire, l’objet du litige, les conclusions et un exposé sommaire des moyens invoqués. — Art. 22, par. I of the Statute. In addition, by Art. 29 of the Rules, this request must be signed by the plaintiff or his representative, or that representative’s assistant — par. 1. It must contain the address at the seat of the Court at which the plaintiff may be contacted — La requête doit contenir élection de domicile au siège de la Cour aux fins de la requête et de ses suites — par. 2. Mention must also be made of the name and address of the party against whom the request is being brought as well as offers of proof in support of the request — par. 3. For further conditions governing the request, see page 153 below.
Art. 22, par. 2 of the Statute, does not mention the case of requests for annulment of recommendations, although these perhaps may be implied. Nor does it state that the decisions mentioned are these of the High Authority.
Under Art. 35, par. 3 of the Treaty. The grounds upon which a decision of the High Authority can be challenged is governed by Art. 33 of the Treaty. See page 73, above.
Art. 22, par. 2 of the Statute. This prior request to the High Authority is required by Art. 35, pars. 1 and 2 of the Treaty. If the required documents are not submitted with the request, the Registrar is to ensure their production within a reasonable time, without, however, any foreclosure being able to be sought in a case where the request is regularised after the end of the time for bringing the appeal — Art. 22, par. 2 of the Statute.
Art. 23 of the Statute.
Art. 23 of the Statute. By its strict wording, this article does not apply to appeals for the annulment of recommendations of the High Authority.
Art. 30 of the Rules.
Art. 21, par. 2 of the Statute.
Art. 21, par. 2 of the Statute. The Registrar of the Court is to ensure that these communications are made in the order and within the time limits required by the Rules — par. 3.
Art. 33, par. 7 of the Rules. The Court decides the form of and the time within which these verifications are to be made — idem.
Art. 33, par. 3 of the Rules. 5 Art. 33, par. 1 of the Rules.
Art. 33, par. 2 of the Rules. The duplicate copies referred to must be certified as correct by the party depositing them. The Registrar is to ensure that they are immediately forwarded to the opposing party — Art. 33, par. 2 of the Rules.
Art. 33, par. 4 of the Rules. If these papers are lengthy, so that only extracts are attached, the entire document or a complete copy must be forwarded to the Registry, unless it has been published — Art. 33, par. 5 of the Rules. For the provisions concerning the language of these papers and documents, see page 147, above.
Art. 31, par. 1 of the Rules.
Art. 31, par. 3 of the Rules.
Art. 31, par. 1 of the Rules. By the same paragraph, all papers and documents to which the defendants intend to refer in support of their case must be attached. A mémoire en defense must contain the choice of an address at the seat of the Court, as well as the name and address of the persons who are to represent the defendant or to assist him — Art. 31, par. 2 of the Rules.
Art. 32, par. 1 of the Rules.
Art. 32, par. 2 of the Rules.
Art. 5, par. 2 of the new Rules on Agents and Advocates.
Art. 34, par. 1 of the Rules.
Art. 34, par. 1 of the Rules. For the duty of the juge rapporteur see page 41, above.
Art. 34, par. 3 of the Rules. For the procedure at this instruction see page 158, below.
Art. 34, par. 4 of the Rules.
This provision is clearly not a mere restatement of the principle set out in Art. 34, par. 1 of the Statute. One must hold that a special right to intervene is here granted, for the exercise of which no special leave of the Court is required, as is the case for requests under Art. 34 — See Art. 71, pars. 3–5 of the Rules. Art. 41, par. 2 of the Statute is, therefore, repeated in Art. 71, par. 7 of the Rules with a slightly different wording which makes it clear that States can intervene de plein droit.
Art. 42 of the Statute. The principle here formulated is so essential that it must be held to apply to all cases of intervention, including those under Art. 34 of the Statute.
Art. 71, par. 1 of the Rules. This must necessarily also apply to an intervention under Art. 41 of the Statute.
Art. 34, par. 2 of the Statute. It must also set out the grounds establishing the interest of the intervening party in the solution of the dispute, as well as the name and address of both the intervener and his agent or advocate and other particulars similar to those for the original request of the appellants — Art. 71, par. 2 of the Rules, see page 151, above.
See the Avis published in the Journal Officiel, 20th July, 1954.
The appeal of the Netherlands’ Government submitted to the Court on 7th May, 1954 is the first appeal to be published under this new provision. None of the arguments of the appellants, however, has been included; a statement is merely given of the decisions of the High Authority that are being challenged, and the grounds that have been invoked under Art. 33, par. 1 of the Treaty for their annulment.
Art. 71, par. 3 of the Rules.
Art. 71, par. 6 of the Rules.
Art. 71, par. 3 of the Rules. The request is sent also to the Advocate General concerned with the case, who, if the case requires, formulates his submissions in writing — Art. 71, par. 3 of the Rules.
Art. 71, par. 4 of the Rules. It is not stated whether the party seeking to intervene has a right of audience at this hearing of the Court.
Art. 71, par. 5 of the Rules.
Unless the Court decides to the contrary, the consideration of these pleas is to be oral — Art. 69, par. 5 of the Rules.
Toute exception qui aboutirait à provoquer l’arrêt de la procédure sans engager le débat sur le fond — Art. 69, par. 2 of the Rules.
Art. 69, par. 2 of the Rules. The Journal des Tribunaux, 28th June, 1953, in its very brief summary of the Rules of Procedure, asserts that this means: before the submission of the request or of the mémoire en defense. However, if it were submitted before the request, it would come before the case was brought before the Court, and this could only be imagined if the plea were a defence sought to be brought by the appellants against their own case. It is, therefore, submitted that the words “before the submission of the first act of the written procedure” must mean “before the submission of the mémoire en defense”.
Art. 69, par. 3 of the Rules.
The text uses the words la partie defenderesse, but his must not be confused with the defendant to the main case before the Court.
Art. 69, par. 4 of the Rules. All supporting documents must be attached to the defence against the plea.
Art. 69, par. 6.1 of the Rules.
si la Cour rejette l’exception ou la joint au fond.
Art. 69, par. 6.2 of the Rules.
Art. 70, par. 1 of the Rules.
Art. 70, par. 2 of the Rules.
Art. 70, par. 3 of the Rules.
On this see page 154, above.
Art. 35, par. 1, and Art. 37, par. 1 of the Rules. This ordinance is read in a public session of the Chamber to which the parties are summoned — par. 2 — and is notified to them by the Registrar — par. 3.
Art. 35, par. 2.1 of the Rules.
Art. 35, par. 2.2 of the Rules.
Art. 39, par. 2.2 of the Rules. This list must be submitted to the Registry within a period determined by the Chamber and must contain the name, address etc. of the persons to be called, as well as the facts or points upon which they are required to give evidence — Art. 39, par. 2.2 of the Rules.
Art. 39, par. 1 of the Rules. This subpoena, apart from the name, address etc. of the person concerned, must set out the facts or points for the proof of which he is being called, and a statement of expenses that may be claimed, as well as the penalties attaching to non-compliance with the orders of the Court — Art. 39, par. 3 of the Rules. Where the Court is calling its own witnesses or experts it pays their expenses — Art. 40.2 of the Rules.
Art. 40, par. 1 of the Rules.
Art. 41, par. 1 of the Rules. Each witness at the end of his evidence is required to take the following oath in the manner prescribed by his national legislation: — “I swear to have said the truth, the whole truth and nothing but the truth” — Art. 41, par. 2 of the Rules. Each expert, either before or after his statements, may also swear in the manner prescribed by his national legislation: — “I swear that my statement — exposé — corresponds to my sincere conviction” — Art. 41, par. 4.1 and 4.2 of the Rules. The experts, however, with the consent of the parties to the case, may be excused this oath — Art. 41, par. 4.3 of the Rules.
Art. 42 of the Rules.
Art. 41, par. 6 of the Rules.
Art. 41, par. 3. This provision, for some reason, does not apply to the statements of experts.
Art. 43, par. 1 of the Rules.
Art. 45, par. 1 of the Rules.
Art. 45, par. 2 of the Rules.
Art. 38 of the Rules.
Art. 41, par. 1 of the Rules.
Art. 42 of the Rules.
Art. 41, par. 3 of the Rules.
Art. 41, par. 7 of the Rules. On these powers see page 162, below.
Art. 9, par. 3 of the new Rules on Agents and Advocates.
Art. 51, par. 1 of the Rules.
On this power, see page 162, below.
There would seem to be no provision made for a country to withold documents for reasons of State.
Art. 24 of the Statute.
Art. 25 of the Statute.
à la demande des parties — Art. 36 of the Rules. It is submitted that this means “on the request of one of the parties” and does not imply a joint request.
Art. 36 of the Rules. This provision is made applicable to the Court as a whole by Art. 51, par. 2 of the Rules.
Art. 10, par. 1 of the new Rules on Agents and Advocates. This is to be read with the provisions of Art. 9, par. 1 of these new Rules that substitutes residence for domicile if the latter is lacking.
loc. cit., Art. 10, par. 2.
Art. 8, of the new Rules on Agents and Advocates, etc.
That is, in conformity with Art. 39 of the Rules.
Art. 9, par. 1 of the new Rules on Agents and Advocates.
loc. cit., Art. 9, par. 1. By Art. 41, par. 5 of the Rules, the Chamber concerned is to decide upon the validity of a refusal of a witness or expert to give evidence. This provision must presumably also apply to a refusal of a witness or expert to take the oath. In the case of experts, see also Art. 41, par. 4.3 of the Rules.
Art. 9, par. 2 of the new Rules on Agents and Advocates.
loc. cit., Art. 9, par. 3.
Art. 41, par. 5 of the Rules.
These rules, forming part of the new Rules on Agents and Advocates were approved by the Council on 12th March, 1954. They have been considered immediately above.
Under Art. 18, par. 1 of the Statute, the possibility is foreseen of a Chamber judging certain categories of cases — and therefore of holding oral hearings — under conditions to be stated in additional rules. These rules have not yet been drawn up.
No mention is made of the case where neither party desires to have an oral hearing, though it might appear from the wording of Art. 21, par, 1 of the Statute — “the procedure before the Court comprises two stages, one written and one oral” — that an oral hearing must be held.
Art. 46, par. 1 and Art. 14, par. 1.1 of the Rules. The order of cases that have required no instruction is presumably determined either by their order in the Register of the Court, or the order in which their written procedures were completed.
Art. 46, par. 2 of the Rules.
On this procedure, see page 171, below.
Art. 46, par. 3. It must perhaps be inferred from this article that also in the case of disagreement between the parties, the President has the power to grant this postponement, but that he can leave the decision to the Court. Alternatively, it may mean that the normal order of the cases is to be maintained unless the President has occasion to propose to the Court a postponement of the hearing.
Les débats sont dirigés par le Président — Art. 47, par. 1 of the Rules.
Il exerce la police de l’audience — Art. 47, par. 2 of the Rules.
Art. 48, pars. 1 and 2 of the Rules. The judges and the Advocate General must inform the President of their intention to put questions — par. 2.
Art. 49 of the Rules.
Art. 51, par. 1 of the Rules. On this instruction before the Court, see page 160, above.
Art. 50, par. 1 of the Rules.
Art. 50, par. 2 of the Rules.
Art. 52 of the Rules.
Art. 53, par. 1 of the Rules.
Art. 53, par. 2 of the Rules. The parties can examine any procès-verbal in the Registry and may obtain copies — Art. 53, par. 3.
Art. 29 of the Statute. This provision presumably also covers deliberations on such matters as those under Art. 70 of the Rules. For the procedure at these deliberations, see page 144, above.
Art. 30 of the Statute.
On this see page 51, footnote 1, above.
Art. 31 of the Statute and Art. 55 of the Rules. The original of the judgement is sealed and placed in the Registry of the Court and a certified copy is given to each of the parties — Art. 55, par. 2 of the Rules.
Art. 30 of the Statute. On the question of whether all the judges need also sign, see page 51, above. The decision must also state that it was taken by the Court, and set out the date when it was delivered, the name of the Advocate General, the indication of the parties to the dispute, the names of their advocates and agents, a summary of the proceedings, the submissions — conclusions — of the parties and of the Advocate General, a summary of the facts, the legal grounds of the decision — les motifs de droit — the final judgement of the case — le dispositif — and the decision concerning costs — Art. 54 of the Rules.
Art. 27, par. 2.2 of the Rules.
Art. 59 of the Rules.
Art. 27, par. 3 of the Rules.
Art. 56 of the Rules.
erreurs de plume — “slips of the pen”.
Art. 57, par. 1 of the Rules.
Art. 57, par. 3 of the Rules.
Art. 57, par. 2 of the Rules. When a judgement is corrected, the original of the ordinance by which it is done is attached to the original of the judgement and a reference to it is made in the margin of the text — Art. 57, par. 4 of the Rules.
Art. 58, par. 1 of the Rules. The Registrar then notifies the parties concerned of the request — par. 1.
Art. 58, par. 2 of the Rules.
Art. 38, par. 1 of the Statute. There is no mention of the case where a party was negligent in not knowing of these facts at the time of the hearing before the Court.
Art. 38, par. 3 of the Statute. It is not clear why this provision is repeated in Art. 74, par. 2 of the Rules.
Art. 74, par. 1 of the Rules.
Art. 75, par. 2 of the Rules. This request must also comply with the formalities prescribed for an appeal under Art. 22 of the Statute and Art. 29 of the Rules, see page 151, above.
Art. 76, par. 1 of the Rules.
Art. 38, par. 2 of the Statute.
Art. 76, par. 2 of the Rules.
Art. 76, par. 3 of the Rules.
An assumption that the organs of the Community are not juridical persons, which appears to contradict Art. 6, pars. 1 and 4 of the Treaty.
Art. 73, par. 1 of the Rules. The request by which this opposition is brought must comply with Art. 22 of the Statute and Art. 29 of the Rules: it must also comprise a copy of the judgement that is being opposed, and a summary of the documents cited in support of the appeal — Art. 73, par. 2.1 of the Rules. All other rules of procedure are made expressly applicable to this opposition — par. 2.2. It is submitted that this gives to the Court full powers to examine the appeal by all the stages of procedure as if it were a new case, but that these powers must be limited to those matters where the interests of the third party have been affected.
Art. 73, par. 3 of the Rules.
Art. 73, par. 4 of the Rules.
Art. 73, par. 5 of the Rules.
Art. 37 of the Statute.
i.e. with Art. 22 of the Statute and Art. 29 of the Rules.
Art. 77 of the Rules. The judgement must be submitted in an annex — Art. 77 of the Rules.
Art. 78 of the Rules.
l’arrêt est rendu par défaut à son égard — Art. 35 of the Statute.
Art. 72, par. 1 of the Rules.
Art. 72, par. 2 of the Rules.
Art. 35 of the Statute and Art. 72, par. 4 of the Rules. It is to be noted that this is not within one month of the publication.
Art. 72, par. 4 of the Rules. For the provisions of Art. 29 of the Rules, see page 152, above. It would appear that the further provisions set out in Art. 22 of the Statute do not have to be complied with.
Art. 35 of the Statute and Art. 72, par. 3 of the Rules.
Art. 72, par. 5 of the Rules.
Du référé.
For a discussion of this article, see page 110, above. 10 Art. 66, par. 5.2 of the Treaty is an exception.
Art. 63, par. 1 of the Rules.
Art. 63, par. 2 and Art. 64, par. 2 of the Rules. The opposing party — partie adverse — can only be referring to the High Authority; but see the discussion of Art. 39 of the Treaty, page 110, above.
Art. 63, par. 3.1 of the Rules. Certified copies of the decision must be attached — par. 3.2.
l’objet du litige.
In the absence of the President, his place is to be taken according to the rule of the Court made under Art. 18, par. 2 of the Statute, i.e. Art. 6, par. 2 of the Rules — Art. 33, par. 2 of the Statute.
Art. 33, par. 1 of the Statute and Art. 65, par. 1 of the Rules.
Art. 33, par. 3 of the Statute.
Art. 65, par. 2 of the Rules.
sous réserve de statuer définitivement — Art. 65, par. 3 of the Rules.
Art. 65, par. 3 of the Rules. During this instruction the witnesses and experts named in the written documents must be in a position to appear as soon as their attendance is required — Art. 65, par. 3 of the Rules.
Art. 65, par. 4 of the Rules. 6 Art. 65, par. 5 of the Rules.
Art. 66 of the Rules. This article presumably allows the Court in its consideration of the request to proceed by a written and oral procedure and to summon witnesses to the same extent as can the President acting alone.
Art. 67 of the Rules. This presumably applies both to rejections of the appeal by the Court and by the President. The Rules, however, throw no light on the question of whether the Court or the President, under Art. 39, par. 3 of the Treaty, can order provisional measures ex officio, or if they have to be definitely requested.
Art. 68 of the Rules.
For a discussion of this article, see page 122, above.
Art. 79 of the Rules.
For a study of this provision, see page 141, above.
Art. 82, par. 1, of the Rules.
Art. 82, par. 2 of the Rules.
Art. 82, par. 3 of the Rules.
Art. 82, par. 4 of the Rules.
Art. 82, par. 6 of the Rules.
Art. 82, par. 7 of the Rules.
Art. 82, par. 8 of the Rules.
Art. 82, par. 5 of the Rules.
The use of the phrase “and especially those” — et notament celles — is not understood. Rules either apply or they do not.
Art. 80, par. 1 of the Rules.
Art. 81, par. 1.1 of the Rules.
Art. 81, par. 1.2 of the Rules. This may either be its mémoire en défense or a plea under Art. 69 of the Rules.
Art. 81, par. 2 of the Rules.
Art. 2, par. 1.1 of the new Rules on Costs.
loc. cit., Art. 2, par. 1.2.
loc. cit., Art. 3, par. 1.
loc. cit., Art. 3, par. 2.
loc. cit., Art. 3, par. 3. The witnesses and experts receive these payments at the end of their work from the cashier’s office — loc. cit., Art. 3, par. 4.1. However, advances may be granted for travelling and lodging expenses — loc. cit., Art. 3, par. 4.2.
Art. 40, par. 1 and Art. 51, par. 2 of the Rules. When the Chamber or the Court itself calls witnesses, the cashier’s office advances the necessary funds — Art. 40, par. 2 of the Rules.
Art. 62, par. 1 of the Rules.
Art. 62, par. 2 of the Rules. This juge rapporteur is, of course, not necessarily the one who will consider the question of whether the case needs instruction under Art. 34 of the Rules.
Art. 62, par. 3 of the Rules. This can only mean that the Chamber is to be guided to some extent by its view of the strength of the party’s case.
Art. 62, par. 4, of the Rules.
Art. 62, par. 3 of the Rules.
Art. 60, par. 1 of the Rules.
Art. 60, par. 2 of the Rules.
Art. 61, par. 1 of the Rules. The President of the Court appoints one of the Chambers to fix the amount of the expenses on the report of the juge rapporteur. This decision is also taken en chambre du conseil and is not open to appeal — Art. 61, par. 2 of the Rules.
These expenses are governed by Art. 3 of the new Rules on Costs. See page 174, above.
Art. 4, par. lb) of the new Rules on Costs.
Art. 6, par. 1 of the new Rules on Costs.
In the draft of this provision, this final sum was to be decreed by an ordonnance de taxe issued by the Court as a whole.
Art. 6, par. 2 of the new Rules on Costs.
loc. cit., Art. 4, par. 2.
loc. cit., Art. 7, par. 1.1.
loc. cit., Art. 7, par. 1.2.
loc. cit., Art. 7, par. 2.
loc. cit., Art. 5, par. 3. 10 délais.
Section 5, par. 4 of the Convention on Transitory Provisions. This date was 7th March, 1953. This provision is still relevant, for example, in the case of an action brought under Art. 40 of the Treaty, which by Art. 40 of the Statute must be brought within five years of the occurrence of the event giving rise to the right of action, see page 178, below.
Art. 84 of the Rules. In calculating time, only the date of the deposit with the Registry is taken into consideration — Art. 33, par. 3 of the Rules.
For a full discussion of the meaning of this provision, see page 85, above.
This period of one month is increased with a view to the distance involved — by one day for those living in Belgium — by three days for those living in Germany, Metropolitan France and the Low Countries — by five days for those living in Italy — by one month for those living in other European countries — and by two months for those living in other countries — Art. 85, par. 2 of the Rules, made under authority given by Art. 39, par. 2 of the Statute.
Such as actions brought against sanctions imposed under Art. 66, par. 6 of the Treaty. For a full consideration of Art. 36 of the Treaty see page 98, above.
Art. 39, par. 1 of the Statute.
Art. 38, par. 2 of the Treaty.
The term “action” as it is used in Art. 40 of the Statute is not being employed in the sense of a procedural means of asserting a right, but in the sense of a substantive right that can only be exercised during a limited period, and then by means of an “action” in the procedural sense.
Art. 40 of the Statute.
By Art. 35, par. 3 of the Treaty, no appeal can be brought against a failure of any other “competent organs of the Community” to take action.
Art. 72, par. 4 of the Rules.
Art. 31, par. 1 of the Rules. This period of one month is calculated from the day after the defendant has received notification of the request — Art. 85, par. 1.2 of the Rules — and is increased, under Art. 85, par. 2, according to the country where the defendant is domiciled.
Art. 32, par. 2 of the Rules.
Art. 34.1 of the Rules.
Art. 34, par. 3 of the Rules.
Art. 34, par. 4 of the Rules. 8 Art. 45, par. 1 of the Rules.
Art. 45, par. 2 of the Rules.
Art. 74, par. 1 of the Rules.
Art. 74, par. 2 of the Rules.
Art. 57, par. 1 of the Rules. This may mean fifteen days from the reading of the judgement, or from its notification to the parties. By analogy with the provision of Art. 58, par. 1 of the Rules, it may perhaps be taken as being from the notification.
Art. 58, par. 1 of the Rules.
Copies of the original document of which notification is required are prepared and certified correct by the Registrar, except in the case where the copies are supplied by the parties themselves in conformity with Art. 33, par. 2 of the Rules, which requires copies of the original of every act of procedure to be supplied and certified correct by the party presenting them — Art. 83, par. 1.2 of the Rules.
This letter is to be sent to the address chosen by the addressee and the envelope sealed with the seal of the Registry — Art. 83, par. 1.1 of the Rules. 4 Art. 83, par. 2 of the Rules.
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© 1955 Martinus Nijhoff, The Hague, Netherlands
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Valentine, D.G. (1955). The Procedure of the Court. In: The Court of Justice of the European Coal and Steel Community. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-0927-5_5
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