31994Q0924

AMENDMENTS TO THE RULES OF PROCEDURE OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES consequent upon the extension of its jurisdiction

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty on European Union signed at Maastricht on 7 February 1992,

Having regard to Article 32d of the Treaty establishing the European Coal and Steel Community,

Having regard to Article 168a of the Treaty establishing the European Community,

Having regard to Article 140a of the Treaty establishing the European Atomic Energy Community,

Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, signed in Paris on 18 April 1951,

Having regard to the Protocol on the Statute of the Court of Justice of the European Community, signed in Brussels on 17 April 1957,

Having regard to the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community, signed at Brussels on 17 April 1957,

Having regard to Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ No L 319, 25. 11. 1988, p. 1 with corrigendum in OJ No L 241, 17. 8. 1989, p. 4), as amended by Decisions 93/350/Euratom, ECSC, EEC, (OJ No L 144, 16. 6. 1993, p. 21) and 94/149/ECSC, EC (OJ No L 66, 10. 3. 1994, p. 29),

Having regard to the agreement of the Court of Justice,

Having regard to the unanimous approval of the Council, given on 27 July 1994,

Whereas, as a result of the extension of the jurisdiction of the Court of First Instance by Decisions 93/350/Euratom, ECSC, EEC and 94/149/ECSC, EC, it is necessary to adapt certain provisions of the Rules of Procedure of the Court of First Instance,

ADOPTS THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE:

Article 1

The Rules of Procedure of the Court of First Instance of the European Communities adopted on 2 May 1991 (OJ No L 136, 30. 5. 1991, p. 1 with corrigendum in OJ No L 317, 19. 11. 1991, p. 34) shall be amended as follows:

1. Article 12 shall be replaced by the following:

'Article 12

The Court of First Instance shall lay down criteria by which cases are to be allocated among the Chambers.

The decision shall be published in the Official Journal of the European Communities.'

2. In Article 44 the following paragraph shall be inserted:

'5a. An application submitted under Article 181 of the EC Treaty, Article 42 of the ECSC Treaty or Article 153 of the Euratom Treaty pursuant to an arbitration clause contained in a contract governed by public or private law, entered into by the Community or on its behalf, shall be accompanied by a copy of the contract which contains that clause.'

3. In Article 51 the sole paragraph shall become paragraph 1 and the following paragraph shall be added:

'2. The case shall be maintained before or referred to a Chamber composed of five Judges where a Member State or an institution of the European Communities which is a party to the proceedings so requests.'

Article 2

The amendments, which are authentic in the languages mentioned in Article 35 (1), shall be published in the Official Journal of the European Communities. They shall enter into force on the first day of the second month from the date of their publication.

Done at Luxembourg, 15 September 1994.

Registrar H. JUNG President

J. L. DA CRUZ VILAÇA