Změny jednacího řádu Tribunálu

Identifier:
32018Q0925(02)
Status:
effective
Text language:
en

THE GENERAL COURT,

Having regard to the Treaty on the Functioning of the European Union, and in particular the fifth paragraph of Article 254 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Having regard to the Protocol on the Statute of the Court of Justice of the European Union, and in particular Article 63 thereof,

OJ L 105, 23.4.2015, p. 1 .

Whereas the computer application e-Curia has been a success and offers benefits in terms of the immediacy of paperless communication between the representatives of parties before the General Court and the General Court Registry,

Whereas it is appropriate to amend the Rules of Procedure of the General Court in order to make the use of e-Curia mandatory for the lodging of procedural documents and service effected by the General Court Registry in proceedings before the General Court,

Whereas it is appropriate to insert in the Rules of Procedure a legal basis for specifying the procedure to be followed where it is technically impossible to use e-Curia,

These amendments to the Rules of Procedure, authentic in the languages referred to in Article 44 of these Rules, shall be published in the Official Journal of the European Union and shall enter into force on the first day of the third month following that of the publication in the Official Journal of the European Union of the decision referred to in Article 56a(2) of the Rules of Procedure.

Article 2 Article 2

Article 56a Article 56a e-Curia 1.Without prejudice to the cases referred to in Article 57(2), Article 72(4), Article 80(1), Article 105(1) and (2), Article 147(6), Article 148(9) and Article 178(2) and (3), all procedural documents shall be lodged and served via e-Curia. 2.The conditions for the lodging and service of procedural documents via e-Curia shall be specified in a decision adopted by the General Court. That decision shall be published in the Official Journal of the European Union . 3.Use of e-Curia shall require an access account to have been opened under the conditions laid down in the decision referred to in paragraph 2. 4.If a procedural document is lodged via e-Curia before the supporting documents required for validation of the access account have been produced, those supporting documents must be received in paper format at the Registry of the General Court within 10 days of the procedural document being lodged. This time limit may not be extended and Article 60 shall not apply. If the supporting documents are not received within the prescribed time limit, the Court shall declare the procedural document lodged via e-Curia to be inadmissible. 5.Where the use of e-Curia is technically impossible and without prejudice to the application of the second paragraph of Article 45 of the Statute, a procedural document may be lodged or served by any appropriate means available. The procedure to be followed in such circumstances shall be specified in the decision referred to in paragraph 2.

Without prejudice to the cases referred to in Article 57(2), Article 72(4), Article 80(1), Article 105(1) and (2), Article 147(6), Article 148(9) and Article 178(2) and (3), all procedural documents shall be lodged and served via e-Curia.

The conditions for the lodging and service of procedural documents via e-Curia shall be specified in a decision adopted by the General Court. That decision shall be published in the Official Journal of the European Union .

Use of e-Curia shall require an access account to have been opened under the conditions laid down in the decision referred to in paragraph 2.

If a procedural document is lodged via e-Curia before the supporting documents required for validation of the access account have been produced, those supporting documents must be received in paper format at the Registry of the General Court within 10 days of the procedural document being lodged. This time limit may not be extended and Article 60 shall not apply. If the supporting documents are not received within the prescribed time limit, the Court shall declare the procedural document lodged via e-Curia to be inadmissible.

Where the use of e-Curia is technically impossible and without prejudice to the application of the second paragraph of Article 45 of the Statute, a procedural document may be lodged or served by any appropriate means available. The procedure to be followed in such circumstances shall be specified in the decision referred to in paragraph 2.

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE: