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Amendments to the Rules of Procedure of the General Court

CELEX
32016Q0812(04)
Document type
PROC_RULES
Sector
Legislation
Date of document
2016-07-13
In force since
2016-09-01
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1

‘2 An application submitted pursuant to Article 270 TFEU shall be accompanied, where appropriate, by the complaint within the meaning of Article 90(2) of the Staff Regulations and the decision responding to the complaint, together with an indication of the dates on which the complaint was submitted and the decision notified.’;

‘3 In cases brought pursuant to Article 270 TFEU, the modification of the application must be made by a separate document and, by way of derogation from paragraph 2, within the time limit laid down in Article 91(3) of the Staff Regulations within which the annulment of the measure justifying the modification of the application may be sought.’;

‘4 In cases brought pursuant to Article 270 TFEU, the members of the formation of the Court and the Advocate General may in the course of the hearing invite the parties themselves to express their views on certain aspects of the case.’;

Article 125a Procedure

1 The General Court may, at all stages of the procedure, examine the possibilities of an amicable settlement of all or part of the dispute between the main parties.

2 The General Court shall instruct the Judge-Rapporteur, assisted by the Registrar, to seek the amicable settlement of a dispute.

3 The Judge-Rapporteur may propose one or more solutions capable of putting an end to the dispute, adopt appropriate measures with a view to facilitating its amicable settlement and implement the measures which he has adopted to that end. He may, in particular: (a) invite the main parties to supply information or particulars; (b) invite the main parties to produce documents; (c) invite to meetings the main parties' representatives, the main parties themselves or any official or servant of the institution empowered to negotiate an agreement; (d) on the occasion of the meetings referred to in point (c), have contact with each of the main parties separately, if they consent to that.

4 Paragraphs 1 to 3 shall apply to proceedings for interim measures also.

Article 125b Effect of the main parties' agreement

1 Where the main parties come to an agreement before the Judge-Rapporteur on a solution which brings the dispute to an end, they may request that the terms of that agreement be recorded in a document signed by the Judge-Rapporteur and by the Registrar. That document shall be served on the main parties and shall constitute an official record.

2 The case shall be removed from the register by reasoned order of the President. At the request of a main party with the agreement of the other main party, the terms of the agreement reached by the main parties shall be recorded in the order removing the case from the register.

3 The President shall give a decision as to costs in accordance with the agreement or, failing that, at his discretion. Where appropriate, he shall give a decision as to the costs of an intervener in accordance with Article 138.

Article 125c Specific register and file

1 Material produced in the context of the amicable settlement procedure as provided for in Article 125a: shall be entered in a specific register which shall not be subject to the rules laid down in Articles 36 and 37, shall be placed in a file separate from the case file.

2 Material produced in the context of the amicable settlement procedure as provided for in Article 125a shall be brought to the attention of the main parties, with the exception of material which either of them has communicated to the Judge-Rapporteur in the separate meetings provided for in Article 125a(3)(d).

3 The main parties may have access to the material in the file separate from the case file as referred to in paragraph 1, with the exception of material which either of the main parties has communicated to the Judge-Rapporteur in the separate meetings provided for in Article 125a(3)(d).

4 An intervener may not have access to material in the file separate from the case file as referred to in paragraph 1.

5 The parties may examine the specific register referred to in paragraph 1 at the Registry.

Article 125d Amicable settlement and judicial proceedings

No opinion expressed, suggestion made, proposal put forward, concession made or document drawn up for the purposes of the amicable settlement may be relied upon as evidence by the General Court or the main parties in the judicial proceedings.’;

Article 2

These amendments to the Rules of Procedure, authentic in the languages referred to in Article 44 of those Rules, shall be published in the Official Journal of the European Union and shall enter into force on 1 September 2016.

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