No L 44/64 | EN Official Journal of the 28 . 2. 95

AMENDMENTS TO THE RULES OF PROCEDURE OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES

THE COURT OF FIRST INSTANCE OF THE EUROPEAN 317, 19. 11 . 1991 , p. 34) and amended on 15 September COMMUNITIES, 1994 (OJ No L 249, 24. 9 . 1994, p. 17) shall be amended as follows : Having regard to the Treaty on signed at Maastricht on 7 February 1992, 1 . Article 1 shall be replaced by the following :

Having regard to Article 168a of the Treaty establishing 'In these Rules : the European Community, — "EC Treaty" means the Treaty establishing the Having regard to Article 32d of the Treaty establishing European Community, the European Coal and Steel Community, — "EC Statute" means the Protocol on the Statute of Having regard to Article 140a of the Treaty establishing the Court of Justice of the European Community, the European Atomic Energy Community, — "ECSC Treaty" means the Treaty establishing the European Coal and Steel Community, Having regard to the Protocol on the Statute of the Court of Justice of the European Community, signed in Brussels — "ECSC statute" means the Protocol on the Statute on 17 April 1957, of the Court of Justice of the European Coal and Steel Community, Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, — "Euratom Treaty" means the Treaty establishing signed in Paris on 18 April 1951 , the European Atomic Energy Community (Euratom),

Having regard to the Protocol on the Statute of the Court — "Euratom Statute" means the Protocol on the of Justice of the European Atomic Energy Community, signed in Brussels on 17 April 1957, Statute of the Court of Justice of the European Atomic Energy Community, Having regard to Council Decision 88/59 1 /ECSC, EEC, — "EEA Agreement" means the Agreement on the Euratom of 24 October 1988 establishing a Court of First European Economic Area. Instance of the European Communities (OJ No L 319, 25 . 11 . 1988 p. 1 and Corrigendum OJ No L 241 , 17. 8 . For the purpose of these Rules : 1989, p. 4), amended by Council Decision 93/350/ Euratom, ECSC, EEC of 8 June 1993 (OJ No L 144, 16. — "institutions" means the institutions of the 6. 1993, p. 21 ) and Council Decision 94/ 149/ECSC, EC of Communities and bodies which are established by 7 March 1994 (OJ No L 66, 10. 3 . 1994, p. 29), the Treaties, or by an act adopted in implementa­ tion thereof, and which may be parties before the Having regard to the agreement of the Court of Justice, Court of First Instance,

Having regard to the unanimous approval of the Council, — "EFTA Surveillance Authority" means the surveil­ given on 22 December 1994, lance authority referred to in the EEA Agree­ ment.' Whereas, as a result of the entry into force of the and of the Agreement on the Euro­ 2. In Article 7 ( 1 ) the words 'Article 32d of the ECSC pean Economic Area, it is necessary to adapt certain Treaty, Article 168a of the EEC Treaty and Article provisions of the Rules of Procedure of the Court of First 140a of the Euratom Treaty' shall be replaced by the Instance, words 'Article 168a of the EC Treaty, Article 32d of the ECSC Treaty and Article 140a of the Euratom Treaty'.

HEREBY ADOPTS THE FOLLOWING AMENDMENTS TO 3 . In Article 24 (7) the words 'the third paragraph of ITS RULES OF PROCEDURE : Article 36 of the ECSC Treaty, Article 184 of the EEC Treaty or Article 156 of the Euratom Treaty' shall be replaced by the words 'Article 1 84 of the EC Article 1 Treaty, the third paragraph of Article 36 of the ECSC Treaty or Article 156 of the Euratom Treaty'. The Rules of Procedure of the Court of First Instance of the European Communities adopted on 2 May 1991 (OJ 4. There shall be added to Article 35 (3) the following No L 136, 30. 5. 1991 , p. 1 and Corrigendum OJ No L new fifth subparagraph : 28 . 2. 95 lENl Official Journal of the European Communities No L 44/65

The States, other than the Member States, which are 47 of the EEC Statute and the third paragraph of parties to the EEA Agreement, and also the EFTA Article 48 of the Euratom Statute' shall be replaced Surveillance Authority, may be authorized to use one by the words 'the third paragraph of Article 47 of the of the languages mentioned in paragraph 1 , other than EC Statute, the third paragraph of Article 47 of the the language of the case, when they intervene in a ECSC Statute and the third paragraph of Article 48 of case before the Court of First Instance . This provision the Euratom Statute'. shall apply both to written statements and oral addresses . The Registrar shall cause any such state­ 14. In Article 80 the words 'the third paragraph of Article ment or address to be translated into the language of 47 of the ECSC Statute, the third paragraph of Article the case.' 47 of the EEC Statute and the third paragraph of Article 48 of the Euratom Statute' shall be replaced 5. Article 38 ( 1 ) shall be replaced by the following : by the words 'the third paragraph of Article 47 of the EC Statute, the third paragraph of Article 47 of the ' 1 . Agents, advisers and lawyers, appearing before ECSC Statute and the third paragraph of Article 48 of the Court of First Instance or before any judicial the Euratom Statute'. authority to which it has addressed letters rogatory, shall enjoy immunity in respect of words spoken or 15. In Article 83 the words 'the second paragraph of written by them concerning the case or the parties.' Article 53 of the ECSC Statute, the second paragraph of Article 53 of the EEC Statute and the second para­ 6 . Article 39 (a) shall be replaced by the following : graph of Article 54 of the Euratom Statute' shall be '(a) agents shall produce an official document issued replaced by the words 'the second paragraph of by the party for whom they act and shall forward Article 53 of the EC Statute, the second paragraph of without delay a copy thereof to the Registrar.' Article 53 of the ECSC Statute and the second para­ graph of Article 54 of the Euratom Statute'. 7. In Article 42 the words 'Article 20 of the ECSC Statute and Article 17 of the EEC and Euratom 16 . There shall be inserted in Article 87 (4) a new second Statutes' shall be replaced by the words 'Article 17 of subparagraph worded as follows : the EC Statute, Article 20 of the ECSC Statute and 'The States, other than the Member States, which are Article 17 of the Euratom Statute'. parties to the EEA Agreement, and also the EFTA Surveillance Authority, shall bear their own costs if 8 . In Article 44 ( 1 ) the words 'Article 22 of the ECSC Statute and Article 19 of the EEC and Euratom they intervene in the proceedings.' Statutes' shall be replaced by the words 'Article 19 of The former second subparagraph shall become the the EC Statute, Article 22 of the ECSC Statute and third subparagraph. Article 19 of the Euratom Statute'. 17. In Article 98 the words 'Articles 33 and 35 of the 9 . Article 44 (3) shall be replaced by the following : ECSC Treaty, Articles 173 and 175 of the EEC Treaty and Articles 146 and 148 of the Euratom Treaty' shall 'The lawyer acting for a party must lodge at the be replaced by the words 'Articles 173 and 175 of the Registry a certificate that he is authorized to practise EC Treaty, Articles 33 and 35 of the ECSC Treaty before a Court of a Member State or of another State and Articles 146 and 148 of the Euratom Treaty'. which is a party to the EEA Agreement.' 18 . In Article 101 ( 1 ) the words 'the ECSC, EEC and 10 . In Article 44 (4) the words 'in the second paragraph Euratom Treaties' shall be replaced by the words 'the of Article 22 of the ECSC Statute and in the second EC, ECSC and Euratom Treaties'. paragraph of Article 19 of the EEC and Euratom Statutes' shall be replaced by the words 'in the second 19 . In the first paragraph of Article 104 ( 1 ) the words 'the paragraph of Article 19 of the EC Statute, in the second paragraph of Article 39 of the ECSC Treaty, second paragraph of Article 22 of the ECSC Statute Article 185 of the EEC Treaty and Article 157 of the and in the second paragraph of Article 19 of the Euratom Treaty' shall be replaced by the words Euratom Statute'. 'Article 185 of the EC Treaty, the second paragraph of Article 39 of the ECSC Treaty and Article 157 of 11 . In Article 65 the words 'Articles 24 and 25 of the the Euratom Treaty'. ECSC Statute, Articles 21 and 22 of the EEC Statute and Articles 22 and 23 of the Euratom Statute' shall 20. In the second paragraph of Article 104 ( 1 ) the words be replaced by the words 'Articles 21 and 22 of the 'the third paragraph of Article 39 of the ECSC Treaty, EC Statute, Articles 24 and 25 of the ECSC Statute Article 186 of the EEC Treaty and Article 158 of the and Articles 22 and 23 of the Euratom Statute'. Euratom Treaty' shall be replaced by the words 'Article 186 of the EC Treaty, the third paragraph of 12. In Article 69 (4) the words 'Articles 44 and 92 of the Article 39 of the ECSC Treaty and Article 158 of the ECSC Treaty, Articles 187 and 192 of the EEC Treaty Euratom Treaty'. and Articles 159 and 164 of the Euratom Treaty' shall be replaced by the words 'Articles 187 and 192 of the 21 . In Article 110 the words 'Articles 44 and 92 of the EC Treaty, Articles 44 and 92 of the ECSC Treaty ECSC Treaty, Articles 187 and 192 of the EEC Treaty and Articles 159 and 164 of the Euratom Treaty'. and Articles 1 59 and 1 64 of the Euratom Treaty' shall be replaced by the words 'Articles 187 and 192 of the 13 . In Article 77 the words 'the third paragraph of Article EC Treaty, Articles 44 and 92 of the ECSC Treaty 47 of the ECSC Statute, the third paragraph of Article and Articles 159 and 164 of the Euratom Treaty'. No L 44/66 | EN I Official Journal of the European Communities 28 . 2. 95

22 . In Article 112 the words 'the seocnd paragraph of Article 41 of the EEC Statute and the third paragraph Article 47 of the ECSC Statute, the second paragraph of Article 42 of the Euratom Statute' shall be replaced of Article 47 of the EEC Statute and the second para­ by the words 'the third paragraph of Article 41 of the graph of Article 48 of the Euratom Statute' shall be EC Statute, the third paragraph of Article 38 of the replaced by the words 'the second paragraph of ECSC Statute and the third paragraph of Article 42 of Article 47 of the EC Statute, the second paragraph of the Euratom Statute'. Article 47 of the ECSC Statute and the second para­ graph of Article 48 of the Euratom Statute'. 23 . Article 115 (2) (f) first subparagraph shall be replaced Article 2 by the following : 'A statement of the circumstances establishing the These amendments, which are authentic in the languages right to intervene, where the application is submitted mentioned in Article 35 ( 1 ), shall be published in the pursuant to the second or third paragraph of Article Official Journal of the European Communities. They 37 of the EC Statute, Article 34 of the ECSC Statute shall enter into force on the first day of the second month or the second paragraph of Article 38 of the Euratom from the date of their publication . Statute.' 24. In Article 1 1 5 (3) the words 'the first and second para­ graphs of Article 20 of the ECSC Statute and Article 17 of the EEC and Euratom Statutes' shall be Done at Luxembourg, 17 February 1995. replaced by the words 'Article 17 of the EC Statute, the first and second paragraphs of Article 20 of the ECSC Statute and Article 17 of the Euratom Statute'. Registrar President 25. In Article 125 the words 'the third paragraph of Article 38 of the ECSC Statute, the third paragraph of H. JUNG J. L. DA CRUZ VILAÇA