Explanatory Memorandum to SEC(2008)2811 - Commission Opinion under the second paragraph of Article 245 of the EC Treaty and the second paragraph of Article 160 of the EAEC Treaty regarding the request to amend the Rules of Procedure of the Court of First Instance of the EC as regards the language arrangements applicable to appeals against decisions of the EU Civil Service Tribunal, submitted by the Tribunal, in accordance with Article 64 of the Statute of the Court of Justice

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COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.11.2008

SEC(2008) 2811 final


COMMISSION OPINION

under the second paragraph of Article 245 of the EC Treaty and
the second paragraph of Article 160 of the EAEC Treaty
regarding the request to amend the Rules of Procedure of the Court of First Instance of the European Communities as regards the language arrangements applicable to appeals against decisions of the European Union Civil Service Tribunal, submitted by the Tribunal, in accordance with
Article 64 of the Statute of the Court of Justice

COMMISSION OPINION

under the second paragraph of Article 245 of the EC Treaty and
the second paragraph of Article 160 of the EAEC Treaty
regarding the request to amend the Rules of Procedure of the Court of First Instance of the European Communities as regards the language arrangements applicable to appeals against decisions of the European Union Civil Service Tribunal, submitted by the Tribunal, in accordance with
Article 64 of the Statute of the Court of Justice

The purpose of the amendment requested by the Court of First Instance1 is to clarify the language arrangements applicable to appeals before the Court of First Instance against decisions of the Civil Service Tribunal.

In substance, this amendment provides that the procedural language will be the language of the Civil Service Tribunal decision against which the appeal is being lodged. The amendment is purely technical in nature and does not require any comment on the part of the Commission.

The Commission therefore agrees to the text proposed by the Court of First Instance.

Done at Brussels,

For the Commission


1See letter of 7 October 2008 from the Council of the EU, ref. SGS8/12681, to which is attached the request from the Court of First Instance, doc. 13301/08.

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