Změny jednacího řádu Tribunálu

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 Protocol No 3 on the Statute of the Court of Justice of the European Union, and in particular Article 63 thereof,

OJ L 341, 24.12.2015, p. 14 .

Whereas it is appropriate to take account of the experience gained in the implementation of the Rules of Procedure in order to clarify the scope of certain provisions or, where necessary, to supplement or simplify them, in particular with a view to fostering proactive case management,

Whereas, furthermore, the implementation of the reform of the judicial architecture of the Court of Justice of the European Union resulting, first, from Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the European UnionOJ L 341, 24.12.2015, p. 14 . and, secondly, from Regulation (EU, Euratom) 2016/1192 of the European Parliament and of the Council of 6 July 2016 on the transfer to the General Court of jurisdiction at first instance in disputes between the European Union and its servantsOJ L 200, 26.7.2016, p. 137 . makes it necessary to adjust the Rules of Procedure, in particular so as to ensure that the partial specialisation of the Chambers decided on by the General Court is not rendered redundant upon the triennial change in the composition of the Chambers,

Whereas, in addition, it is appropriate to amend the Rules of Procedure to take account of developments in the rules on the protection of the personal data of natural persons in the European Union, in particular to better highlight the arrangements for protecting, vis-à-vis the public, such data contained in information relating to cases pending before the General Court, either by the General Court of its own motion or on an application by a party to the proceedings or an applicant for leave to intervene,

Whereas the arrangements put in place during the health crisis allowing parties to make oral submissions by video conference provided valuable lessons which should be reflected in a legal regime laid down by the Rules of Procedure,

Whereas, lastly, the introduction of the pilot case mechanism and the organisation of a joint hearing of two or more cases, identified by the General Court as arrangements allowing certain cases to be dealt with more efficiently, require legal bases to be inserted in the Rules of Procedure,

With the agreement of the Court of Justice,

With the approval of the Council given on 18 November 2022 ,

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 second month following that of their publication.

OJ L 200, 26.7.2016, p. 137 .

Article 2 Article 2

Article 66 Article 66 Omission of personal data of natural persons vis-à-vis the public 1. In the course of the proceedings, the General Court may decide to omit, of its own motion or on an application by a party made by a separate document, the full names of natural persons, whether parties or third parties, and any other personal data of those natural persons mentioned in the documents and information which relate to a case and to which the public has access. 2. Paragraph 1 shall apply to applicants for leave to intervene.

Article 66a Article 66a Omission of data other than personal data of natural persons vis-à-vis the public 1. In the course of the proceedings, the General Court may decide to omit, of its own motion or on a reasoned application by a party made by a separate document, data other than personal data of natural persons mentioned in documents and information to which the public has access if there are legitimate reasons why those data should not be publicly disclosed. 2. Paragraph 1 shall apply to applicants for leave to intervene.

Article 71a Article 71a Pilot cases 1. Where two or more cases pending before the General Court raise the same issue of law and the General Court considers that it is in the interests of the proper administration of justice to avoid those cases being dealt with in parallel, the proceedings may be stayed in accordance with Article 69(c) or (d) and Articles 70 and 71, pending the determination of the case which, among them, best lends itself to the examination of that issue, which shall be identified as the pilot case. 2. Before deciding whether to stay proceedings, the President shall invite the main parties in the cases in which the proceedings may be stayed to submit their observations on any stay, in accordance with Article 70(1), indicating to them the issue of law involved and the case likely to be identified as the pilot case. 3. The President of the Chamber to which the pilot case is assigned shall give that case priority over others, in accordance with Article 67(2). 4. When the proceedings are resumed, the parties in the cases in which the proceedings have been stayed shall be given the opportunity to submit their observations on the decision given in the pilot case and on the consequences of that decision for the dispute.

OJ L 105, 23.4.2015, p. 1 , as amended on 13 July 2016 (OJ L 217, 12.8.2016, p. 71 ; OJ L 217, 12.8.2016, p. 72 ; OJ L 217, 12.8.2016, p. 73 ), 11 July 2018 (OJ L 240, 25.9.2018, p. 68 ) and 31 July 2018 (OJ L 240, 25.9.2018, p. 67 ).

Article 106a Article 106a Joint hearing

Article 107a Article 107a Participation in a hearing by video conference 1.Where health, security or other serious reasons prevent a party’s representative from participating in a hearing in person, that representative may be authorised to take part in the hearing by video conference. 2.The request to participate in the hearing by video conference shall be made by a separate document as soon as the reason for the impediment is known and shall state the precise nature of the impediment. 3.The President shall decide on the request as soon as possible. 4.The use of video conferencing shall not be possible in the event of a decision by the General Court to hear a case in camera pursuant to Article 109. 5.The technical conditions to be satisfied by those wishing to participate in hearings by video conference shall be laid down in the practice rules referred to in Article 224.

In the course of the proceedings, the General Court may decide to omit, of its own motion or on an application by a party made by a separate document, the full names of natural persons, whether parties or third parties, and any other personal data of those natural persons mentioned in the documents and information which relate to a case and to which the public has access.

Paragraph 1 shall apply to applicants for leave to intervene.

In the course of the proceedings, the General Court may decide to omit, of its own motion or on a reasoned application by a party made by a separate document, data other than personal data of natural persons mentioned in documents and information to which the public has access if there are legitimate reasons why those data should not be publicly disclosed.

Paragraph 1 shall apply to applicants for leave to intervene.

Where two or more cases pending before the General Court raise the same issue of law and the General Court considers that it is in the interests of the proper administration of justice to avoid those cases being dealt with in parallel, the proceedings may be stayed in accordance with Article 69(c) or (d) and Articles 70 and 71, pending the determination of the case which, among them, best lends itself to the examination of that issue, which shall be identified as the pilot case.

Before deciding whether to stay proceedings, the President shall invite the main parties in the cases in which the proceedings may be stayed to submit their observations on any stay, in accordance with Article 70(1), indicating to them the issue of law involved and the case likely to be identified as the pilot case.

The President of the Chamber to which the pilot case is assigned shall give that case priority over others, in accordance with Article 67(2).

When the proceedings are resumed, the parties in the cases in which the proceedings have been stayed shall be given the opportunity to submit their observations on the decision given in the pilot case and on the consequences of that decision for the dispute.

If the similarities between two or more cases so permit, the General Court may decide to organise a joint hearing of those cases.

Where health, security or other serious reasons prevent a party’s representative from participating in a hearing in person, that representative may be authorised to take part in the hearing by video conference.

The request to participate in the hearing by video conference shall be made by a separate document as soon as the reason for the impediment is known and shall state the precise nature of the impediment.

The President shall decide on the request as soon as possible.

The use of video conferencing shall not be possible in the event of a decision by the General Court to hear a case in camera pursuant to Article 109.

The technical conditions to be satisfied by those wishing to participate in hearings by video conference shall be laid down in the practice rules referred to in Article 224.

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE: