The provisions of the Rules of Procedure of the Court of First Instance relating to appeals were adopted on 12 October 2005. They entered into force on 1 January 2006.
The applicable provisions, contained in Title 5 of the Rules of Procedure, are largely identical to those contained in Title IV of the Rules of Procedure of the Court of Justice. However, the Rules of Procedure of the Court of First Instance lack any provision as to the language of the case required to be used in appeal proceedings (against decisions of the Civil Service Tribunal). There is, in fact, no equivalent to Article 110 of the Rules of Procedure of the Court of Justice.
According to Article 64 of the Statute of the Court of Justice, the rules governing the language arrangements applicable at the Court of Justice may be amended only in accordance with the procedure for amending the Statute laid down by the EC and EAEC Treaties, that is by decision of the Council, acting unanimously after consulting the European Parliament and the Commission.
The purpose of the proposed Council Decision is to add a provision to the Rules of Procedure of the Court of First Instance relating to the language of the case to be used in appeal proceedings. The proposal consists of adding an article similar to Article 110 of the Rules of Procedure of the Court of Justice. That provision will stipulate that the language of the case should be the language of the decision of the European Civil Service Tribunal against which the appeal has been brought.
The Commission has been consulted and has given a favourable opinion on the proposed text.
The rapporteur considers that the amendment is necessary but of a merely technical nature. He therefore recommends that Parliament approve it as rapidly as possible in accordance with the wish expressed by the Council.
Title
The language arrangements applicable to appeals against decisions of the European Union Civil Service Tribunal
References
13301/2008 – C6-0348/2008 – 2008/0806(CNS)
Date of consulting Parliament
7.10.2008
Committee responsible
Date announced in plenary
JURI
21.10.2008
Rapporteur(s)
Date appointed
Costas Botopoulos
3.11.2008
Date adopted
15.12.2008
Result of final vote
+:
–:
0:
13
0
0
Members present for the final vote
Bert Doorn, Monica Frassoni, Giuseppe Gargani, Othmar Karas, Klaus-Heiner Lehne, Manuel Medina Ortega, Francesco Enrico Speroni, Diana Wallis
Substitute(s) present for the final vote
Costas Botopoulos, Jean-Paul Gauzès, Eva Lichtenberger, Georgios Papastamkos, Ieke van den Burg
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