Legal provisions of COM(2016)81 - Opinion on a regulation on the transfer to the General Court of the EU of jurisdiction at first instance in disputes between the Union and its servants - Main contents

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dossier	COM(2016)81 - Opinion on a regulation on the transfer to the General Court of the EU of jurisdiction at first instance in disputes between ...
document	COM(2016)81
date	July 6, 2016

Article 1
Article 2
Article 3
Article 4
Article 5

Article 1

Decision 2004/752/EC, Euratom and Regulation (EU, Euratom) No 979/2012 are repealed.

Article 2

Protocol No 3 is amended as follows:

(1)

the following article is inserted:

‘Article 50a

1. The General Court shall exercise at first instance jurisdiction in disputes between the Union and its servants as referred to in Article 270 of the Treaty on the Functioning of the European Union, including disputes between all institutions, bodies, offices or agencies, on the one hand, and their servants, on the other, in respect of which jurisdiction is conferred on the Court of Justice of the European Union.

2. At all stages of the procedure, including the time when the application is filed, the General Court may examine the possibilities of an amicable settlement of the dispute and may try to facilitate such settlement.’;

(2)

Article 62c is replaced by the following:

‘Article 62c

The provisions relating to the jurisdiction, composition, organisation and procedure of any specialised court established under Article 257 of the Treaty on the Functioning of the European Union shall be contained in an Annex to this Statute.’;

(3)	Annex I is deleted.

Article 3

Cases pending before the Civil Service Tribunal on 31 August 2016 shall be transferred to the General Court. The General Court shall continue dealing with those cases as it finds them at that date and in accordance with its Rules of Procedure. In the event of a case being transferred to the General Court after the oral part of the procedure has been closed, that part of the procedure shall be reopened.

Article 4

Notwithstanding point (3) of Article 2 of this Regulation, Articles 9 to 12 of Annex I to Protocol No 3 shall continue to apply to the appeals against decisions of the Civil Service Tribunal of which the General Court is seised as at 31 August 2016 or which are brought after that date. If the General Court sets aside a decision of the Civil Service Tribunal but considers that the state of the proceedings does not permit a decision, it shall refer the case to a chamber other than that which ruled on the appeal.

Article 5