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Document 11951K032QUINTO

Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Chapter 4 - The Court of Justice - Article 32d

OJ L 169, 29.6.1987, p. 4 (ES, DA, DE, EL, EN, FR, IT, NL, PT)

No longer in force, Date of end of validity: 23/07/2002

11951K032QUINTO

Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Chapter 4 - The Court of Justice - Article 32d

Official Journal L 169 , 29/06/1987 P. 0004


Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Chapter 4 - The Court of Justice - Article 32d***

*** As amended by Article H(12) TEU.

1. A Court of First Instance shall be attached to the Court of Justice with jurisdiction to hear and determine at first instance, subject to a right of appeal to the Court of Justice on points of law only and in accordance with the conditions laid down by the Statute, certain classes of action or proceeding defined in accordance with the conditions laid down in paragraph 2. The Court of First Instance shall not be competent to hear and determine questions referred for a preliminary ruling under Article 41.

2. At the request of the Court of Justice and after consulting the European Parliament and the Commission, the Council, acting unanimously, shall determine the classes of action or proceeding referred to in paragraph 1, and the composition of the Court of First Instance and shall adopt the necessary adjustments and additional provisions to the Statute of the Court of Justice. Unless the Council decides otherwise, the provisions of this Treaty relating to the Court of Justice, in particular the provisions of the Protocol on the Statue of the Court of Justice, shall apply to the Court of First Instance.

3. The members of the Court of First Instance shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office; they shall be appointed by common accord of the governments of the Member States for a term of six years. The membership shall be partially renewed every three years. Retiring members shall be eligible for re appointment.

4. The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. Those rules shall require the unanimous approval of the Council.

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