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Document 32023Q0310(01)
Amendments to the Practice Rules for the Implementation of the Rules of Procedure of the General Court
Amendments to the Practice Rules for the Implementation of the Rules of Procedure of the General Court
Amendments to the Practice Rules for the Implementation of the Rules of Procedure of the General Court
OJ L 73, 10.3.2023, p. 58–66
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 31/08/2024; Repealed by 32024Q02097
10.3.2023 |
EN |
Official Journal of the European Union |
L 73/58 |
AMENDMENTS TO THE PRACTICE RULES FOR THE IMPLEMENTATION OF THE RULES OF PROCEDURE OF THE GENERAL COURT
THE GENERAL COURT,
Having regard to Article 224 of its Rules of Procedure;
Having regard to the Practice Rules for the Implementation of the Rules of Procedure of the General Court;
Whereas the General Court adopted amendments to its Rules of Procedure on 30 November 2022 (1);
Whereas the new rules on the omission of data vis-à-vis the public, on joint hearings and on videoconferencing for hearings are such that certain points of the Practice Rules should be supplemented and adapted accordingly;
Whereas it is also desirable, in the interests of the parties and of the General Court, to improve the readability of the provisions relating to the formal presentation of an application and of the schedule of annexes in order to reduce the number of cases requiring regularisation;
Whereas it is appropriate to clarify the manner in which certain Registry tasks are to be performed, particularly those relating to the keeping of the register, maintenance of the case file and inspection of the case file, in particular in view of changes made during the health crisis;
whereas the digitisation of the judicial process and the implementation, in the course of 2022, of the qualified electronic signature for judgments and orders of the General Court have various consequences which must be taken into account, in particular as regards the requirements relating to the Registry’s scale of charges and the archiving of the originals of judicial decisions;
HAS ADOPTED THESE AMENDMENTS TO THE PRACTICE RULES FOR THE IMPLEMENTATION OF THE RULES OF PROCEDURE OF THE GENERAL COURT:
Article 1
The Practice Rules for the Implementation of the Rules of Procedure of the General Court (2) are hereby amended as follows:
(1) |
In point 1, the words ‘, and for the custody of the seals of the Court.’ are replaced by ‘, and for the custody of the seals of the Court and the archives.’. |
(2) |
In point 10, the words ‘They shall be made in the language of the case and contain the information necessary for identifying the document, in particular the date of lodgement, the date of registration, the number of the case and the nature of the document.’ are replaced by ‘They shall be made in the language of the case. They shall contain in particular the date of lodgement, the date of registration, the number of the case and the nature of the document.’. |
(3) |
After point 10, the following point 10a is inserted:
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(4) |
The text of points 12, 13 and 14 is replaced by ‘[Text deleted]’. |
(5) |
In point 20, the words ‘Where the Court of Justice refers a case back to the Court following the setting aside or review of a decision, that case shall be given the number’ are replaced by ‘Where the Court of Justice refers a case back to the Court following the setting aside of a decision, that case shall be given the number’. |
(6) |
Point 21 is replaced by the following:
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(7) |
Points 22 and 23 are replaced by the following:
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(8) |
In point 28, the words ‘The closed file shall contain a list of all the documents on the case file, an indication of their number, and a cover page showing the serial number of the case, the parties and the date on which the case was closed.’ are replaced by ‘The closed file shall contain a list of all the documents on the case file and a declaration by the Registrar confirming that the file is complete.’. |
(9) |
The title of Part E.2. is replaced by the following: ‘E.2. Inspection and obtaining copies of the case file’ |
(10) |
Point 30 is replaced by the following:
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(11) |
Points 32 and 33 are replaced by the following:
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(12) |
After point 36, the following points 36a and 36b are inserted:
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(13) |
The points in Part F. are replaced by the following:
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(14) |
The title of Part G. and the text of point 41 are replaced by ‘[Text deleted]’. |
(15) |
Points 45 to 50 are replaced by the following:
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(16) |
In point 51, the words ‘, the Registrar shall demand payment of those sums from the party who is to bear them.’ are replaced by ‘, the Registrar shall demand payment of those sums from the debtor who is to bear them.’. |
(17) |
In point 53, the words ‘, the Registrar shall demand payment of those sums from the party or the third party who is to bear them.’ are replaced by ‘, the Registrar shall demand payment of those sums from the debtor who is to bear them.’. |
(18) |
The title of Part C. and the points in that part are replaced by the following: ‘C. Omission of data vis-à-vis the public
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(19) |
The title of Part D. and the text of the points in that part are replaced by ‘[Text deleted]’. |
(20) |
In point 81, the words ‘(d) with each page numbered consecutively.’ are replaced by ‘(d) with consecutive page numbering (for example: pages 1 to 50).’. |
(21) |
After point 81, the following point 81a is inserted:
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(22) |
In point 82, the sentence ‘The schedule of annexes must appear at the end of the procedural document.’ is replaced by ‘The schedule of annexes must appear at the end of the procedural document with or without pagination.’. |
(23) |
Point 83 is replaced by the following:
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(24) |
Points 85 to 87 are replaced by the following:
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(25) |
Points 92 to 94 are replaced by the following:
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(26) |
The text of points 98 and 99 is replaced by ‘[Text deleted]’. |
(27) |
In point 101, the words ‘Failure to put the application in order may result in the action being dismissed as inadmissible, in accordance with Article 78(6), Article 177(6) and Article 194(5) of the Rules of Procedure.’ are replaced by ‘Failure to put the application in order may result in the action being dismissed as inadmissible, in accordance with Article 78(6) and Article 177(6) of the Rules of Procedure.’. |
(28) |
After point 104, the following point 104a is inserted:
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(29) |
The title ‘A.1. Direct actions’ is replaced by ‘A.1. Direct actions (other than those relating to intellectual property cases)’. |
(30) |
The title ‘B.1. Direct actions’ is replaced by ‘B.1. Direct actions (other than those relating to intellectual property cases)’. |
(31) |
In point 116, the words ‘The documents referred to in Article 51(2) and (3) … of the Rules of Procedure must be produced’ are replaced by ‘The documents referred to in Article 51(2) and (3) … of the Rules of Procedure must be produced, where appropriate,’. |
(32) |
The text of point 117 is replaced by ‘[Text deleted]’. |
(33) |
In point 119, the last indent ‘– be transmitted by email, as an ordinary electronic file produced using word-processing software, to GC.Registry@curia.europa.eu, indicating the case to which it relates.’ is replaced by ‘– be transmitted by e-Curia when the application is lodged, with an indication of the case to which it relates.’. |
(34) |
The text of point 122 is replaced by the following: ‘In order to facilitate formal preparation of the application, the parties’ representatives may find it useful to consult the document entitled “Aide-mémoire – Application” and the indicative model application available on the internet site of the Court of Justice of the European Union.’. |
(35) |
In point 127, the words ‘Points 116 and 117 above shall apply’ are replaced by ‘Point 116 shall apply’. |
(36) |
In point 134, the words ‘Points 113 to 115, 117 and 120 to 122 above’ are replaced by ‘Points 113 to 115 and 120 to 122 above’. |
(37) |
In point 138, the words ‘Points 117, 125 and 126 above’ are replaced by ‘Points 125 and 126 above’. |
(38) |
Point 144 is replaced by the following:
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(39) |
After point 147, the following point 147a is inserted:
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(40) |
After point 152, the following point 152a is inserted:
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(41) |
In point 162, the words ‘Each of the main parties will be allowed 15 minutes and each intervener will be allowed 10 minutes to present oral submissions (in joined cases, each of the main parties will be allowed 15 minutes for each case and each intervener will be allowed 10 minutes for each case),’ are replaced by ‘Each of the main parties will be allowed 15 minutes and each intervener will be allowed 10 minutes to present oral submissions (at a hearing in joined cases or at a joint hearing, each of the main parties will be allowed 15 minutes for each case and each intervener will be allowed 10 minutes for each case),’. |
(42) |
Point 165 is replaced by the following:
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(43) |
Point 167 is replaced by the following:
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(44) |
After point 167, a new part is inserted: ‘Ca. Participation in a hearing by videoconference Ca. 1. Request for the use of videoconferencing
Ca. 2. Technical conditions
Ca. 3. Practical recommendations for representatives making oral submissions by videoconference
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(45) |
In point 168, the words ‘by email (interpret@curia.europa.eu).’ are replaced by ‘by email (interpretation@curia.europa.eu).’. |
(46) |
After point 172, the following point 172a is inserted:
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(47) |
After point 184, the following point 184a is inserted:
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(48) |
Point 225 is replaced by the following:
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(49) |
After point 225, the following point 225a is inserted:
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(50) |
Point 227 is replaced by the following:
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(51) |
Annex 1 is amended as follows:
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(52) |
Annex 2 is amended as follows:
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(53) |
Annex 3 is amended as follows:
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Article 2
These amendments to the Practice Rules for the Implementation of the Rules of Procedure of the General Court shall be published in the Official Journal of the European Union.
They shall enter into force on 1 April 2023.
Done at Luxembourg, 1 February 2023.
Registrar
E. COULON
President
M. VAN DER WOUDE
(2) OJ L 152, 18.6.2015, p. 1, as amended (OJ L 217, 12.8.2016, p. 78, OJ L 294, 21.11.2018, p. 23, corrigenda OJ L 196, 21.7.2016, p. 56 and OJ L 296, 22.11.2018, p. 40).