32002Q1010(01)

Amendment to the Rules of Procedure of the Court of Justice

of 17 September 2002

THE COURT OF JUSTICE,

Having regard to the Treaty establishing the European Community, and in particular the third paragraph of Article 245 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the third paragraph of Article 160 thereof,

Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, and in particular Article 55 thereof,

Whereas:

(1) Article 20 of the Protocol on the Statute of the Court of Justice of the European Communities, as amended by Council Decision 2002/653/EC(1), permits non-member States to take part in preliminary-ruling proceedings before the Court in the event that an agreement relating to a specific subject-matter, concluded with one or more non-member States, provides for such participation where a court or tribunal of a Member State refers to the Court for a preliminary ruling a question falling within the scope of the agreement in question.

(2) It is necessary to lay down the rules applicable to the languages to be used where a non-member State takes part in such proceedings for a preliminary ruling.

With the unanimous approval of the Council given on 12 July 2002,

HEREBY ADOPTS THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE:

Article 1

1. The following subparagraph shall be added to Article 29(3): "Non-member States taking part in proceedings for a preliminary ruling pursuant to the final paragraph of Article 20 of the EC Statute may be authorised to use one of the languages mentioned in paragraph 1 of this Article other than the language of the case. This provision shall apply both to written documents and to oral statements. The Registrar shall in each case arrange for their translation into the language of the case."

2. The following subparagraph shall be added to Article 104(1): "Where a non-member State has the right to take part in proceedings for a preliminary ruling pursuant to Article 20 of the EC Statute, the original version of the decision of the national court or tribunal shall be communicated to it together with a translation into one of the languages mentioned in Article 29(1), to be chosen by the non-member State concerned."

Article 2

These amendments to the Rules of Procedure, which are authentic in the languages referred to in Article 29(1), shall be published in the Official Journal of the European Communities and shall enter into force on the day of their publication.

Done at Luxembourg on 17 September 2002.

(1) OJ L 218, 13.8.2002, p. 1.