31999Y0828(01)

Note on the citation of articles of the Treaties in the publications of the Court of Justice and the Court of First Instance

(1999/C 246/01)

Pursuant to the renumbering of the articles of the Treaty on European Union (EU) and of the Treaty establishing the European Community (EC), brought about by the Treaty of Amsterdam, the Court of Justice and the Court of First Instance have introduced, with effect from 1 May 1999, a new method of citation of the articles of the EU, EC, ECSC and Euratom Treaties.

That new method is primarily designed to avoid all risk of confusion between the version of an article as it stood prior to 1 May 1999 and the version applying after that date. The principles on which that method operates are as follows:

- Where reference is made to an article of a Treaty as it stands after 1 May 1999, the number of the article is immediately followed by two letters indicating the Treaty concerned:

EU for the Treaty on European Union

EC for the EC Treaty

CS for the ECSC Treaty

EA for the Euratom Treaty.

Thus, "Article 234 EC" denotes the article of that Treaty as it stands after 1 May 1999.

- Where, on the other hand, reference is made to an article of a Treaty as it stood before 1 May 1999, the number of the article is followed by the words "of the Treaty on European Union", "of the EC (or EEC) Treaty", "of the ECSC Treaty" or "of the EAEC Treaty", as the case may be.

Thus, "Article 85 of the EC Treaty" refers to Article 85 of that Treaty before 1 May 1999.

- In addition, as regards the EC Treaty and the Treaty on European Union, again where reference is made to an article of a Treaty as it stood before 1 May 1999, the initial citation of the article in a text is followed by a reference in brackets to the corresponding provision of the same Treaty as it stands after 1 May 1999, as follows:

- "Article 85 of the EC Treaty (now article 81 EC)", where the article has not been amended by the Treaty of Amsterdam;

- "Article 51 of the EC Treaty (now, after amendment, Article 42 EC)", where the article has been amended by the Treaty of Amsterdam;

- "Article 53 of the EC Treaty (repealed by the Treaty of Amsterdam)", where the article has been repealed by the Treaty of Amsterdam.

- By way of exception to the latter rule, the initial citation of (the former) Articles 117 to 120 of the EC Treaty, which have been replaced en bloc by the Treaty of Amsterdam, is followed by the following wording in brackets: "(Articles 117 to 120 of the EC Treaty have been replaced by articles 136 EC to 143 EC)".

For example:

- "Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by articles 136 EC to 143 EC)".

The same applies to Articles J to J.11 and K to K9 of the Treaty on European Union.

For example:

- "Article J.2 of the Treaty on European Union (Articles J to J.11 of the Treaty on European Union have been replaced by Articles 11 EU to 28 EU)";

- "Article K2 of the Treaty on European Union (Articles K to K9 of the Treaty on European Union have been replaced by articles 29 EU to 42 EU)".