Decision 1993/350 - 93/350/ECSC, EEC, Euratom: Council Decision of 8 June 1993 amending Council Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the EC - Main contents
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official title
93/350/ECSC, EEC, Euratom: Council Decision of 8 June 1993 amending Council Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 1993/350 |
| Original proposal | SEC(1992)495 |
| CELEX number i | 31993D0350 |
| Document | 08-06-1993 |
|---|---|
| Publication in Official Journal | 16-06-1993; Special edition in Bulgarian: Chapter 01 Volume 001,Special edition in Swedish: Chapter 01 Volume 003,Special edition in Latvian: Chapter 01 Volume 001,Special edition in Hungarian: Chapter 01 Volume 001,Special edition in Estonian: Chapter 01 Volume 001,Special edition in Romanian: Chapter 01 Volume 001,Special edition in Croatian: Chapter 01 Volume 005,Special edition in Finnish: Chapter 01 Volume 003,Special edition in Maltese: Chapter 01 Volume 001,Special edition in Slovak: Chapter 01 Volume 001,Special edition in Polish: Chapter 01 Volume 001,Special edition in Lithuanian: Chapter 01 Volume 001,Special edition in Czech: Chapter 01 Volume 001,Special edition in Slovenian: Chapter 01 Volume 001,OJ L 144, 16.6.1993 |
| Effect | 01-08-1993; Entry into force See Art 3 |
| End of validity | 31-01-2003; See 31988D0591 |
16.6.1993 |
EN |
Official Journal of the European Communities |
L 144/21 |
COUNCIL DECISION
of 8 June 1993
amending Council Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities
(93/350/Euratom, ECSC, EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32d thereof,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 168a thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140a thereof,
Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, signed in Paris on 18 April 1951,
Having regard to the request from the Court of Justice,
Having regard to the opinion of the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the attachment to the Court of Justice of a Court of First Instance by Decision 88/591/ECSC, EEC, Euratom (2) is intended, by the establishment of a second court, in particular in respect of actions requiring close examination of complex facts, to improve the judicial protection of individual interests and to maintain the quality and effectiveness of judicial review in the Community legal order by enabling the Court of Justice to concentrate its activities on its fundamental task, of ensuring uniform interpretation of Community law;
Whereas, with the same end in view, it is appropriate, taking into account past experience to enlarge the jurisdiction transferred to the Court of First Instance to hear and determine at first instance certain classes of action or proceeding brought by natural or legal persons;
Whereas Decision 88/591/ECSC, EEC, Euratom should therefore be amended in consequence,
HAS DECIDED AS FOLLOWS:
Article 1
Decision 88/591/ECSC, EEC, Euratom is hereby amended as follows:
1. |
the following shall be substituted for Article 3 (1): ‘The Court of First Instance shall exercise at first instance the jurisdiction conferred on the Court of Justice by the Treaties establishing the Communities and by the acts adopted in implementation thereof, save as otherwise provided in an act setting up a body governed by Community law:
|
2. |
paragraphs 2 and 3 of Article 3 are hereby repealed; |
3. |
the following shall be substituted for Article 4: ‘Article 4 Save as hereinafter provided, Articles 34, 36, 39, 44 and 92 of the ECSC Treaty, Articles 172, 174, 176, 184 to 187 and 192 of the EEC Treaty and Articles 49, 83, 144b, 147, 149, 156 to 159 and 164 of the Euratom Treaty shall apply to the Court of First Instance.’ |
Article 2
In the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, as amended by Decision 88/591/ECSC, EEC, Euratom, the following shall be substituted for the second paragraph of Article 53:
‘By way of derogation from Article 44 of the Treaty, decisions of the Court of First Instance declaring a general decision or general recommendation to be void shall take...
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