Changes from plenary report to adopted text

Removed(14b) This Regulation entails a significant change to the Union’s judicial framework therefore its implementation should be closely monitored. To that end, the Court of Justice should submit to the European Parliament, the Council and the Commission, in a timely manner, a report on the transfer to the General Court of jurisdiction for preliminary rulings in specific areas and on the extension of the initial admission mechanism for appeals. The Court should, in particular, provide information that allows for an assessment of the extent to which the stated objectives were achieved, having regard to the speed with which cases were dealt with and the efficiency of the examination of the most complex or sensitive appeals and requests for a preliminary ruling.

Removed(14c) The implementation of this reform, and reflections on how to further improve the judicial system of the Union, in particular preliminary rulings, should be discussed by the European Parliament together with the Court of Justice with the assistance of experts in the form of a structured dialogue at least once a year. Issues such as gender equality, sustainability and digitalisation in the Court of Justice could also be addressed during that dialogue.

Removed(14d) When exercising the right of legislative initiative, the Commission carries out broad consultations so as to enable citizens’ and stakeholders’ participation and enhance democratic legitimacy. The same should apply to the Court of Justice when exercising that right. A public consultation of two months should thus be held by the Court of Justice prior to the adoption of draft regulations amending Protocol No 3 on the Statute of the Court of Justice of the European Union.

Removed(14e) Protocol No 3 on the Statute of the Court of Justice of the European Union should therefore be amended accordingly,

RemovedHAVE ADOPTED THIS REGULATION:

RemovedThe following Article is inserted in the Statute:

Removed‘Article 20a

RemovedAny citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right to access, upon request, documents of the Court in accordance with arrangements set out in the Rules of Procedure.

RemovedThe President shall refuse access to a document, either of his or her own motion or at the request of a party or any other person concerned, where disclosure would undermine protection of the public interest, or the privacy or the integrity of an individual.

RemovedThe President shall also refuse access to a document where disclosure would undermine the protection of commercial interests or the Court’s decision-making process, unless there is an overriding public interest in disclosure.’

RemovedIn Article 23, the first and the second paragraphs are replaced by the following:

Removed‘In the cases governed by Article 267 of the Treaty on the Functioning of the European Union the decision of the court or tribunal of a Member State which suspends its proceedings and refers a case to the Court of Justice shall be notified to the Court by the court or tribunal concerned. The decision shall then be notified by the Registrar of the Court to the parties, to the Member States, to the European Parliament, to the Commission and to the institution, body, office or agency of the Union which adopted the act the validity or interpretation of which is in dispute.

RemovedWithin two months of this notification, the parties, the Member States, the Commission, the European Parliament and, where appropriate, the institution, body, office or agency which adopted the act the validity or interpretation of which is in dispute, shall be entitled to submit statements of case or written observations to the Court.’

RemovedThe following Article is inserted in the Statute:

Removed‘Article 49a

Removed1. The General Court shall be assisted by one or more Advocate Generals in dealing with requests for a preliminary ruling transmitted to it in accordance with Article 50b.

Removed2. The Judges of the General Court shall elect, in accordance with its Rules of Procedure and only from the Judges among their number who do not belong to a Chamber which is designated to deal with requests for a preliminary ruling transmitted to the General Court, the Judges that are to perform the duties of an Advocate General.

Removed3. The Judges elected to perform the duties referred to in paragraph 2 shall be elected for a term of three years. They may be re-elected once.’

RemovedArticle 50 of Protocol No 3 on the Statute of the Court of Justice of the European Union (‘the Statute’) is replaced by the following:

Removed‘The General Court shall sit in chambers of three or five Judges. The Judges shall elect the Presidents of the chambers from among their number. The Presidents of the chambers of five Judges shall be elected for three years. They may be re-elected once.

RemovedThe General Court may also sit in a Grand Chamber, in a chamber of an intermediate size between the chambers of five Judges and the Grand Chamber, or be constituted by a single Judge.

RemovedThe Rules of Procedure shall govern the composition of the chambers and the circumstances in which and conditions under which the General Court shall sit in its different formations.’

RemovedThe General Court, where seised pursuant to Article 267 of the Treaty on the Functioning of the European Union, shall sit in a chamber of intermediate size if a Member State or an institution of the Union that is a party to the proceedings so requests.

RemovedThe following Article is inserted in the Statute:

Removed‘Article 50b

Removed1. The General Court shall have jurisdiction to hear and determine requests for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union that come exclusively within one or several of the following specific areas:

Removed– the common system of value added tax;

Removed– excise duties;

Removed– the Customs Code ▌;

Removed– the tariff classification of goods under the Combined Nomenclature;

Removed– compensation and assistance to passengers;

Removed– the scheme for greenhouse gas emission allowance trading.

Removed1a. Notwithstanding paragraph 1, the Court of Justice shall retain jurisdiction to hear and determine requests for a preliminary ruling that raise independent questions relating to the interpretation of primary law, public international law, general principles of Union law or the Charter of Fundamental Rights of the European Union.

Removed2. Every request for a preliminary ruling made under Article 267 of the Treaty on the Functioning of the European Union shall be submitted to the Court of Justice. After verifying, in accordance with the detailed rules set out in its Rules of Procedure, that the request for a preliminary ruling comes exclusively within one or within several of the areas to which paragraph 1 refers, the Court of Justice shall transmit that request to the General Court within one month of the notification of the request.

Removed3. The requests for a preliminary ruling transmitted to the General Court shall be assigned, in accordance with the detailed rules set out in its Rules of Procedure, to chambers designated for that purpose. In those cases, an Advocate General shall be designated from among the Advocate Generals elected in accordance with Article 49a.

RemovedThe second paragraph of Article 54 is replaced by the following:

Removed‘Where the General Court finds that it does not have jurisdiction to hear and determine an action or a request for a preliminary ruling in respect of which the Court of Justice has jurisdiction, it shall refer that action or request to the Court of Justice. Likewise, where the Court of Justice finds that an action or a request for a preliminary ruling falls within the jurisdiction of the General Court, it shall refer that action to the General Court, whereupon that Court may not decline jurisdiction.’

Removed‘1. An appeal brought against a decision of the General Court concerning a decision of an independent board of appeal of one of the following offices, bodies and agencies of the Union shall not proceed unless the Court of Justice first decides that it should be allowed to do so:

Removed(a) the European Union Intellectual Property Office;

Removed(b) the Community Plant Variety Office;

Removed(c) the European Chemicals Agency;

Removed(d) the European Union Aviation Safety Agency;

Removed(e) the European Union Agency for the Cooperation of Energy Regulators;

Removed(f) the Single Resolution Board;

Removed(g) the European Banking Authority;

Removed(h) the European Securities and Markets Authority;

Removed(i) the European Insurance and Occupational Pensions Authority;

Removed(j) the European Union Agency for Railways.

Removed2. The procedure referred to in paragraph 1 shall also apply to appeals brought against:

Removed– decisions of the General Court concerning a decision of an independent board of appeal, set up after 1 May 2019 within any other office, body or agency of the Union, which must be seised before an action can be brought before the General Court;

Removed– decisions of the General Court relating to the performance of a contract containing an arbitration clause, within the meaning of Article 272 of the Treaty on the Functioning of the European Union.

Removed3. An appeal shall be allowed to proceed, wholly or in part, in accordance with the detailed rules set out in the Rules of Procedure, where it raises an issue that is significant with respect to the unity, consistency or development of Union law.

Removed4. The decision as to whether the appeal should be allowed to proceed or not shall be reasoned, and it shall be published.’

RemovedThe following Article is inserted in the Statute:

Removed‘Article 63a

RemovedAny amendment of this Statute at the request of the Court of Justice shall be subject to a public consultation of two months being carried out prior to the adoption of the legislative request by the Court of Justice.’

Removed1. Requests for a preliminary ruling made under Article 267 of the Treaty on the Functioning of the European Union and pending before the Court of Justice on the first day of the month following the date of entry into force of this Regulation shall be dealt with by the Court of Justice.

Removed2. Appeals against decisions of the General Court concerning a decision of a board of appeal of one of the offices, bodies or agencies of the Union referred to in Article 58a(1)(e) to (j), and the appeals referred to in the second indent of Article 58a(2), of which the Court of Justice is seised on the date of entry into force of this Regulation, are not covered by the mechanism by which it is determined whether an appeal is allowed to proceed.

Removed1. No later than ... [one year after the entry into force of this amending Regulation], the Court of Justice shall publish and regularly update a list of examples of the application of Article 50b of the Statute.

Removed2. No later than... [three years after the entry into force of this amending Regulation], the Court shall present a report to the European Parliament, the Council and the Commission on the implementation of this reform.