PURPOSE: to amend the Rules of Procedure of the Court of Justice to specify the language rules applicable to the review procedure.

LEGISLATIVE ACT: Council Decision 2008/621/EC, Euratom amending the Rules of Procedure of the Court of Justice of the European Communities as regards the rules governing the language arrangements applicable to the review procedure.

CONTENT: the Council approved a Decision with a view to amending the Court's Rules of Procedure so as to specify that the language applicable to a case will have to be the same as the language of the decision of the Court of First Instance which is subject to review. The purpose is to incorporate into the Rules of Procedure the provisions necessary to govern the conduct of the review procedure provided for in the second paragraph of Article 225 of the EC Treaty and the second paragraph of Article 140a of the EAEC Treaty, the principles governing which are set out in Articles 62 to 62b of the Protocol on the Statute of the Court of Justice (exceptional review procedure by the Court of Justice of decisions of the Court of First Instance where the latter has given a ruling on actions brought against a decision of a judicial panel or has given a ruling on questions referred for a preliminary ruling in specific areas laid down by the Statute of the Court of Justice).

ENTRY INTO FORCE: 01/09/2008.

The European Parliament adopted, by 655 votes to 8 with 11 abstentions, a legislative resolution approving, under the consultation procedure, the draft Council decision amending the Rules of Procedure of the European Court of Justice to specify the language rules which are to apply to the review procedure.

The report had been tabled for consideration in plenary by Lidia Joanna GERINGER de OEDENBERG (PES, PL) on behalf of the Committee on Legal Affairs.

The Committee on Legal Affairs unanimously adopted the report by Lidia Joanna GERINGER de OEDENBERG (PES, PL) approving unamended, under the consultation procedure, the draft Council decision amending the Rules of Procedure of the European Court of Justice to specify the language rules which are to apply to the review procedure.

COMMISSION OPINION

In accordance with the second paragraph of Article 245 of the EC treaty and the second paragraph of Article 160 of the EAEC Treaty, the Commission presents an opinion regarding the request to amend the rules of procedure of the Court of Justice on the language arrangements applicable to the review procedure, submitted by the Court, in accordance with Article 64 of the Statute of the Court of Justice.

Recall that the purpose of the amendment requested by the Court of Justice is to clarify the language arrangements applicable to the review procedure.

In substance, following the amendment, the procedural language will be that of the Court decision under review. The amendment is purely technical in nature and does not require any comment on the part of the Commission.

The Commission therefore agrees to the text proposed by the Court of Justice.

PURPOSE: to amend the Rules of Procedure of the Court of Justice to specify the language rules applicable to the review procedure.

PROPOSED ACT: Council Decision.

CONTENT: the purpose of this proposal is to amend the Rules of Procedure of the Court of Justice to specify the language rules applicable to the review procedure.

The purpose is to incorporate into the Rules of Procedure the provisions necessary to govern the conduct of the review procedure provided for in the second paragraph of Article 225 of the EC Treaty and the second paragraph of Article 140a of the EAEC Treaty, the principles governing which are set out in Articles 62 to 62b of the Protocol on the Statute of the Court of Justice (exceptional review procedure by the Court of Justice of decisions of the Court of First Instance where the latter has given a ruling on actions brought against a decision of a judicial panel or has given a ruling on questions referred for a preliminary ruling in specific areas laid down by the Statute of the Court of Justice).

Article 64 of the Statute provides that the rules governing the language arrangements applicable at the Court of Justice may be amended only in accordance with the procedure laid down by the Treaties for amending the Statute, that is to say, by decision of the Council, acting unanimously at the request of the Court of Justice and after consulting the European Parliament and the Commission.

The object of the proposed Council Decision is to insert a provision in the Rules of Procedure of the Court of Justice relating to the use of languages in the review procedure.

The proposal for a decision shall be subject to consultation by the European Parliament.

PURPOSE: to amend the Rules of Procedure of the Court of Justice to specify the language rules applicable to the review procedure.

PROPOSED ACT: Council Decision.

CONTENT: the purpose of this proposal is to amend the Rules of Procedure of the Court of Justice to specify the language rules applicable to the review procedure.

The purpose is to incorporate into the Rules of Procedure the provisions necessary to govern the conduct of the review procedure provided for in the second paragraph of Article 225 of the EC Treaty and the second paragraph of Article 140a of the EAEC Treaty, the principles governing which are set out in Articles 62 to 62b of the Protocol on the Statute of the Court of Justice (exceptional review procedure by the Court of Justice of decisions of the Court of First Instance where the latter has given a ruling on actions brought against a decision of a judicial panel or has given a ruling on questions referred for a preliminary ruling in specific areas laid down by the Statute of the Court of Justice).

Article 64 of the Statute provides that the rules governing the language arrangements applicable at the Court of Justice may be amended only in accordance with the procedure laid down by the Treaties for amending the Statute, that is to say, by decision of the Council, acting unanimously at the request of the Court of Justice and after consulting the European Parliament and the Commission.

The object of the proposed Council Decision is to insert a provision in the Rules of Procedure of the Court of Justice relating to the use of languages in the review procedure.

The proposal for a decision shall be subject to consultation by the European Parliament.