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Document 11957E168A

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART FIVE - INSTITUTIONS OF THE COMMUNITY, TITLE I - PROVISIONS GOVERNING THE INSTITUTIONS, CHAPTER 1: THE INSTITUTIONS, SECTION 4: THE COURT OF JUSTICE, ARTICLE 168 A

OJ L 169, 29.6.1987, p. 6 (ES, DA, DE, EL, EN, FR, IT, NL, PT)

In force

11957E168A

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART FIVE - INSTITUTIONS OF THE COMMUNITY, TITLE I - PROVISIONS GOVERNING THE INSTITUTIONS, CHAPTER 1: THE INSTITUTIONS, SECTION 4: THE COURT OF JUSTICE, ARTICLE 168 A

Official Journal L 169 , 29/06/1987 P. 0006


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" Article 168a

1 . At the request of the Court of Justice and after consulting the Commission and the European Parliament , the Council may , acting unanimously , attach to the Court of Justice a court 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 brought by natural or legal persons . That court shall not be competent to hear and determine actions brought by Member States or by Community Institutions or questions referred for a preliminary ruling under Article 177 .

2 . The Council , following the procedure laid down in paragraph 1 , shall determine the composition of that court and 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 Statute of the Court of Justice , shall apply to that court .

3 . The members of that court 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 reappointment .

4 . That court 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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