Rules of Procedure of the European Union Civil Service Tribunal

The Civil Service Tribunal has jurisdiction to rule on disputes between the European Union and its agents. These Rules of Procedure lay down the internal organisation of the Tribunal and the conduct of legal proceedings.

ACT

Rules of Procedure of the European Union Civil Service Tribunal.

SUMMARY

The European Union (EU) Civil Service Tribunal adopts its Rules of Procedure in agreement with the Court of Justice of the EU and after approval from the Council.

These Rules of Procedure establish the organisation and functioning of the Civil Service Tribunal. In particular, they detail the legal procedures and establish their modalities.

Competences

The Civil Service Tribunal has jurisdiction to rule at first instance on cases between the EU and its agents. For example, these cases may concern questions relating to employment or social security.

Furthermore, the Civil Service Tribunal also has jurisdiction in disputes between any organisation and its personnel, where the statutes of the organisation concerned provide for the jurisdiction of the Court of Justice of the EU. For example, this applies to disputes within Europol or the European Investment Bank.

Composition

The Civil Service Tribunal is composed of seven judges, appointed by the Council for a renewable six-year period. Judges must carry out their duties with complete impartiality and independence.

The judges elect one of their number as President of the Tribunal for a renewable three-year period. The President directs the judicial business and services of the Tribunal.

A Registrar is also appointed by the judges for a renewable six-year period. The Registrar is responsible for the Tribunal’s archives and publications. S/he is also responsible for assisting the judges and the President of the Tribunal in the performance of their functions.

Formation of the Tribunal

When hearing a case, the Tribunal sits in a chamber of three judges.

However, a case may be referred to a chamber of five judges or a full court where justified by the importance or difficulty of the questions of law raised by the case.

Conversely, a case may be referred to a single judge if the questions of law or fact raised present little difficulty, or if the case is of limited importance.

Procedure

Proceedings brought before the Civil Service Tribunal have a written part and an oral part.

During the written part, the applicant must initiate proceedings before the Tribunal by lodging an application with the Registrar. The application is then served to the opposing party which has two months to submit a defence. The application and the defence contain information on the two parties (name, address, etc.), and the arguments of fact and law relied on by each of them. Moreover, the Tribunal may decide that a second exchange of written pleadings between the applicant and defendant is required to supplement the documents.

The procedure then comprises an oral part during which the judges may question the representatives of the parties or the parties themselves. The hearings are generally public.

Furthermore, the Tribunal may decide to take measures of organisation of procedure or measures of inquiry. These measures have the common aim of ensuring that cases are prepared for hearing and procedures are carried out under the best possible conditions.

Amicable settlement of disputes

The Tribunal may, at any stage of the procedure, seek an amicable settlement of the dispute and propose a solution capable of putting an end to the dispute and adopt appropriate measures with a view to facilitating such settlement.

If the parties agree on such a solution, they sign an agreement putting an end to the proceedings before the Tribunal.

Legal aid

Proceedings before the Civil Service Tribunal are free of charge. However, the costs of lawyers authorised to practise before the Tribunal are the responsibility of the parties involved.

If a party finds it is unable to meet these costs, it may apply to receive legal aid. Applications must be accompanied by all the necessary information required to establish that the applicant is in need.

Appeals against decisions of the Civil Service Tribunal

The judgments and orders of the Civil Service Tribunal may be the subject of an appeal before the General Court (FR).

RELATED ACTS

Council Regulation (EU, Euratom) No 904/2012 of 24 September 2012 amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice of the Communities, of the President, Members and Registrar of the Court of First Instance and of the President, Members and Registrar of the European Union Civil Service Tribunal [Official Journal L 269 of 4.10.2012].

See also

• Additional information on the website of the European Union Court of Justice

Last updated: 06.02.2013