Case T-11/95

BP Chemicals Ltd

v

Commission of the European Communities

‛Intervention — Rules on languages — Supporting documents in a language other than the language of the case — Request for a derogation from the requirement that they be translated’

Order of the Court of First Instance (Second Chamber, Extended Composition), 26 June 1996   II-601

Summary of the Order

Procedure — Rules on languages — Purpose — Written procedure — Obligation on the other parties to produce translations into the language of the case chosen by the applicant of documents annexed to their pleadings — Derogations — Conditions

(Rules of Procedure of the Court of First Instance, Art. 35)

It is apparent from Article 35(2) and (3) of the Rules of Procedure of the Court of First Instance that, first, the applicant is entitled to choose the language of the case and, secondly, all documents annexed to the pleadings of the other parties, including the interveners, must, in principle, be translated into the language of the case. Those provisions are intended inter alia to protect the position of a party wishing to contest the legality of an administrative act adopted by the Community institutions, whatever the language used in that connection by the institution concerned, in particular during the pre-litigation procedure.

In the circumstances, even if different considerations may be held to apply as regards the oral procedure, the language of the case chosen by the applicant must be strictly observed during the written procedure before the Court. Only in exceptional circumstances may a derogation be granted under Article 35(2)(b) of the Rules of Procedure from the rule in the second subparagraph of Article 35(3), according to which any supporting documents expressed in another language must be accompanied by a translation into the language of the case.

An intervener may not benefit from such a derogation where it puts forward arguments supporting its request which do not establish that the absence of a derogation would prejudice its rights during the written procedure.