Changes from report parliamentary committee draft to plenary report

Added(g) the European Banking Authority;

Added(h) the European Securities and Markets Authority;

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

Added(j) the European Union Agency for Railways.

Added2. The procedure referred to in paragraph 1 shall also apply to appeals brought against:

Added– 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;

Added– 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.

Added3. 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.

Added4. The decision as to whether the appeal should be allowed to proceed or not shall be reasoned, and it shall be published.’

AddedThe following Article is inserted in the Statute:

Added‘Article 63a

AddedAny 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.’

Added1. 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.

Added2. 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.

Added1. 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.

Added2. 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.

AddedIn that report, the Court shall set out:

Added(a) the number of requests for a preliminary ruling received under Article 267 TFEU;

Added(b) the number of requests for a preliminary ruling in each of the specific areas indicated in Article 50b(1) of the Statute;

Added(c) the number of requests for preliminary rulings examined by the General Court and the specific areas referred to in Article 50b(1) of the Statute to which they related, and, where appropriate, the number of cases referred by the General Court to the Court of Justice and the number of decisions of the General Court that were subject to the review procedure laid down in Article 62 of the Statute;

Added(d) the number and nature of the requests for a preliminary ruling that were not transmitted to the General Court despite the fact that the legal framework of the case in the main proceedings came within one or several of the specific matters referred to in Article 50b(1) of the Statute;

Added(e) The average length of time spent on dealing with requests for preliminary rulings under Article 50b of the Statute at both the General Court and the Court of Justice, on the verification procedure laid down in Article 50b(2) of the Statute, and on the review procedure laid down in Article 62 of the Statute;

Added(f) the number and nature of the cases that were subject to the initial admission mechanism for appeals;

Added(g) information allowing for an assessment of the extent to which the objectives laid down in this amending Regulation 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, in particular through increased exchanges with referring courts under Article 101 of the Rules of Procedure of the Court of Justice;

AddedThe report shall be accompanied, where appropriate, by a request for a legislative act to amend the Statute, in particular with a view to amending the list of specific areas laid down in Article 50b(1), of the Statute.

AddedThis Regulation shall enter into force on the first day of the month following that of its publication in the Official Journal of the European Union.

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.