32001Q0427(01)

Amendment to the Rules of Procedure of the Court of Justice

of 3 April 2001

THE COURT,

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

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

Whereas:

Where the Council or the Commission is not a party to a case, the Court is required to send to it copies of the application and of the defence, in order to enable it to assess whether the inapplicability of one of its acts is being invoked. Provision should be made for copies of those documents likewise to be sent to the European Parliament in order to enable it, where it is not a party to a case, to assess whether the inapplicability of an act adopted jointly by the European Parliament and by the Council is being invoked,

With the unanimous approval of the Council given on 12 March 2001,

HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:

Article 1

The following sentence shall be added to Article 16(7) of the Rules of Procedure of the Court of Justice of the European Communities of 19 June 1991(1): "Copies of the application and of the defence shall likewise be sent to the European Parliament, to enable it to assess whether the inapplicability of an act adopted jointly by that institution and by the Council is being invoked under Article 241 of the EC Treaty."

Article 2

This amendment to the Rules of Procedure, which is authentic in the languages mentioned in Article 29(1) of the said Rules, shall be published in the Official Journal of the European Communities.

It shall enter into force on the first day of the second month following its publication.

Done at Luxembourg, 3 April 2001.

(1) OJ L 176, 4.7.1991, p. 1, with corrigendum in OJ L 383, 29.12.1992, p. 117, as amended on 21 February 1995 (OJ L 44, 28.2.1995, p. 61), 11 March 1997 (OJ L 103, 19.4.1997, p. 1), with corrigendum in OJ L 351, 23.12.1997, p. 72, 16 May 2000 (OJ L 122, 24.5.2000, p. 43) and 28 November 2000 (OJ L 322, 19.12.2000, p. 1).