11957E/CNV/COM/04

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Article 4

1 . Upon taking up its duties , the single Court of Justice referred to in Article 3 shall take the place of the Court provided for in Article 32 of the Treaty establishing the European Coal and Steel Community . It shall exercise the jurisdiction conferred upon that Court by that Treaty in accordance with the provisions thereof .

The President of the single Court of Justice referred to in Article 3 shall exercise the powers conferred by the Treaty establishing the European Coal and Steel Community upon the President of the Court provided for in that Treaty .

2 . To this end , on the date when the single Court of Justice referred to in Article 3 takes up its duties :

( a ) Article 32 of the Treaty establishing the European Coal and Steel Community shall be repealed and the following provisions substituted therefor :

" Article 32

The Court shall consist of seven Judges .

The Court shall sit in plenary session . It may , however , form chambers , each consisting of three or five Judges , either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance with rules laid down for these purposes .

Whenever the Court hears cases brought before it by a Member State or by one of the institutions of the Community or has to give preliminary rulings on questions submitted to it pursuant to Article 41 , it shall sit in plenary session .

Should the Court so request , the Council may , acting unanimously , increase the number of Judges and make the necessary adjustments to the second and third paragraphs of this Article and to the second paragraph of Article 32 b . "

" Article 32 a

The Court shall be assisted by two Advocates-General .

It shall be the duty of the Advocate-General acting with complete impartiality and independence , to make , in open court , reasoned submissions on cases brought before the Court , in order to assist the Court in the performance of the task assigned to it in Article 31 .

Should the Court so request , the Council may , acting unanimously , increase the number of Advocates-General and make the necessary adjustments to the third paragraph of Article 32 b . "

" Article 32 b

The Judges and Advocates-General shall be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence ; they shall be appointed by common accord of the Governments of the Member States for a term of six years .

Every three years there shall be a partial replacement of the Judges . Three and four Judges shall be replaced alternately . The three Judges whose terms of office are to expire at the end of the first three years shall be chosen by lot .

Every three years there shall be a partial replacement of the Advocates-General . The Advocate-General whose term of office is to expire at the end of the first three years shall be chosen by lot .

Retiring Judges and Advocates-General shall be eligible for reappointment .

The Judges shall elect the President of the Court from among their number for a term of three years . He may be re-elected . "

" Article 32 c

The Court shall appoint its Registrar and lay down the rules governing his service . "

( b ) The provisions of the Protocol on the Statute of the Court of Justice annexed to the Treaty establishing the European Coal and Steel Community , in so far as they are in conflict with Articles 32 to 32 c of that Treaty , shall be repealed .