Having regard to Council Decision 88/591 /ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ No L 319 of 25 November 1988, with corrigendum in OJ No L 241 of 17 August 1989), and in particular Article 11 thereof,

The Court of First Instance may, following the procedure laid down in respect of the Registrar, appoint one or more Assistant Registrars to assist the Registrar and to take his place in so far as the Instructions to the Registrar referred in Article 23 allow.

If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court of First Instance shall decide whether the non-compliance with these conditions renders the application formally inadmissible.

The serial number of the case together with the names of the parties shall be indicated on the procedural documents, in correspondence relating to the case and, without prejudice to Article 17 (4) of these Instructions, in the publications of the Court of First Instance.

(5) Actions brought by the Member States against acts of the Council by which it exercises implementing powers in accordance with the rules referred to in the third indent of Article 202 of the EC Treaty should fall within the jurisdiction of the Court of First Instance.

Whereas Regulation No 422/67/EEC, No 5/67/Euratom fn and Regulation (EEC, Euratom, ECSC) No 2290/77 fn determine the basic salary of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice, of the President, Members and Registrar of the Court of First Instance and of the Members of the Court of Auditors in relation to the basic salary of an official on the last step of Grade A1;

Having regard to the Council Regulation No 422/67/EEC, No 5/67/Euratom of 25 July 1967 determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance fn, and in particular Article 4 (4) thereof,

The first election of Presidents of the Chambers composed of five Judges for three years pursuant to Article 15(2) of the Rules of Procedure shall take place on the expiry of the present period of partial renewal of the Members of the Court of First Instance as provided for in the second paragraph of Article 224 of the EC Treaty, after 31 August 2004.

In a case where Article 44 (6) applies, service shall be effected as soon as the application has been put in order or the Court of First Instance has declared it admissible notwithstanding the failure to observe the formal requirements set out in that Article.

Where it is necessary for the Court of First Instance to verify the confidentiality, in respect of one or more parties, of a document that may be relevant in order to rule in a case, that document shall not be communicated to the parties at the stage of such verification.

The Judges shall, immediately after the partial replacement provided for in Article 32 (d) of the ECSC Treaty, Article 168 (a) of the EEC Treaty and Article 140 (a) of the Euratom Treaty, elect one of their number as President of the Court of First Instance for a term of three years.

This concept, already outlined in the Court of First Instance judgments in Hercules and Cimenteries CBR (15), was confirmed and developed in the Soda-ash case, where the Court held that 'in the defended proceedings for which Regulation No 17 provides it cannot be for the Commission alone to decide which documents are of use for the defence.

The Court of First Instance may, on application by the applicant or the defendant, after hearing the other parties and the Advocate General, decide, having regard to the particular urgency and the circumstances of the case, to adjudicate under an expedited procedure.

Institutions shall in addition produce, within time-limits laid down by the Court of First Instance, translations of all pleadings into the other languages provided for by Article 1 of Council Regulation No 1. The second subparagraph of paragraph (1) of this Article shall apply.

Council Regulation (ECSC, EEC, Euratom) No 2426/91 of 29 July 1991 amending Regulation No 422/67/EEC-5/67/Euratom determining the emoluments of the President and Members of the Commission, the President, Judges, Advocates- General and Registrar of the Court of Justice and the President, Members and Registrar of the Court of First Instance and Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the Members of the Court of Auditors

Council Regulation (EEC, Euratom, ECSC) No 1084/92 of 28 April 1992 amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance, and Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the Members of the Court of Auditors

The Registrar shall, at the request of any Judge, of the Advocate-General or of a party, arrange for anything said or written in the course of the proceedings before the Court of First Instance to be translated into the languages he chooses from those referred to in Article 35 (1).

Subject to the provisions of Article 116(2) and (6), the Court of First Instance shall take into consideration only those documents which have been made available to the lawyers and agents of the parties and on which they have been given an opportunity of expressing their views.

The Rules of Procedure of the Court of First Instance of the European Communities adopted on 2 May 1991 (OJ No L 136, 30. 5. 1991, p. 1 and Corrigendum OJ No L 317, 19. 11. 1991, p. 34) and amended on 15 September 1994 (OJ No L 249, 24. 9. 1994, p. 17) shall be amended as follows:

Having regard to Council Regulation (ECSC/ EEC/Euratom) N° 4045/88 of 19 December 1988 laying down the emoluments of the President, Members and Registrar of the Court of First Instance of the European Communities fn, and amending accordingly Regulation N° 422/67/EEC, N° 5/67/Euratom,

The report shall contain recommendations as to whether measures of organization of procedure or measures of inquiry should be undertaken and whether the case should be referred to the Court of First Instance sitting in plenary session or to a Chamber composed of a different number of Judges.

Within the framework of the aforementioned Treaties and the conditions laid down therein, the Ombudsman shall help to uncover maladministration in the activities of the Community institutions and bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role, and make recommendations with a view to putting an end to it.

The Rules of Procedure of the Court of First Instance of the European Communities, adopted on 2 May 1991 (OJ No L 136, 30. 5. 1991, p. 1), amended on 15 September 1994 (OJ No L 249, 24. 9. 1994, p. 17) and on 17 February 1995 (OJ No L 44, 28. 2. 1995, p. 64), shall be amended as follows:

It is in the interests of the efficient conduct of proceedings before the Court of First Instance (hereinafter `the Court` ) and the expeditious processing of cases that practice directions should be issued to the lawyers and agents of parties, dealing with the manner in which pleadings and other procedural documents relating to the written procedure are to be submitted.

Where the response seeks to set aside, in whole or in part, the decision of the Court of First Instance on a plea in law which was not raised in the appeal, the appellant or any other party may submit a reply on that plea alone within two months of the service of the response in question.

During the vacations, the functions of President shall be exercised at the place where the Court of First Instance has its seat either by the President himself, keeping in touch with the Registrar, or by a President of Chamber or other Judge invited by the President to take his place.

Whereas Article 2(4) of Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988, as amended by Council Decision 1999/291/EC, ECSC, Euratom of 26 April 1999, provides that in certain cases governed by the Rules of Procedure the Court of First Instance may be constituted by a single Judge;

Having regard to Council Regulation (EEC, Euratom, ECSC) No 4045/88 of 19 December 1988 laying down the emoluments of the President, Members and Registrar of the Court of First Instance of the European Communities fn, and amending accordingly the above Regulations No 422/67/EEC, No 5/67/Euratom,

Where the Registrar is absent or prevented from attending and, if necessary, where the Assistant Registrar is absent or so prevented, or where their posts are vacant, the President of the Court of First Instance shall designate an official or servant to carry out the duties of Registrar.

If, within that period, the parties to the proceedings before the Board of Appeal inform the Registrar of their agreement on the choice, as the language of the case, of one of the languages referred to in Article 35 (1), that language shall become the language of the case before the Court of First Instance.

The preliminary report shall contain recommendations as to whether measures of organisation of procedure or measures of inquiry should be undertaken and whether the case should be referred to the Court of First Instance sitting in plenary session or to a Chamber composed of a different number of Judges.

"unless the Court of First Instance, after hearing the Advocate General, decides that a second exchange of pleadings is unnecessary because the documents before it are sufficiently comprehensive to enable the parties to elaborate their pleas and arguments in the course of the oral procedure.

Whereas it is necessary use of this possibility and to determine in the Rules of Procedure of the Court of First Instance the circumstances in which a single Judge may be called upon to give a decision in a case and the detailed rules in accordance with which a case may be heard by a single Judge,

Notwithstanding the provisions of Article 2, in those cases which have been the subject of a ruling by the Court of First Instance on the issue of the liability of the Community Institutions, the amount of costs may be agreed directly between the Community Institutions and the agents of the producers concerned.

Other exporting producers argued that the Commission's justification in the provisional duty Regulation that the required profit should ensure the Community industry's long-term viability was not valid according to the latest jurisprudence from the Court of First Instance on this issue.

'The States, other than the Member States, which are parties to the EEA Agreement, and also the EFTA Surveillance Authority, may be authorized to use one of the languages mentioned in paragraph 1, other than the language of the case, when they intervene in a case before the Court of First Instance.

In the pleadings and other documents addressed to the Court of First Instance and during the oral procedure, the applicant may use the language chosen by him in accordance with paragraph 1 and each of the other parties may use a language chosen by that party from those mentioned in Article 35 (1).

Agents representing a State or an institution, as well as advisers and lawyers, appearing before the Court of First Instance or before any judicial authority to which it has addressed letters rogatory, shall enjoy immunity in respect of words spoken or written by them concerning the case or the parties.

In order to enable Emesa to carry out the transactions for which it was authorised under the Order, the Commission adopted Decision 1999/422/EC of 24 June 1999 laying down measures for the application of the Order of the President of the Court of First Instance of the European Communities of 30 April 1999 in Case T-44/98 RII.

Having regard to Council Regulation N° 422/67/EEC, N° 5/67/Euratom of 25 July 1967 determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance fn, as last amended by Regulation (EEC/Euratom/ECSC) N° 3777/89 fn, and in particular Article 4 (4) thereof,

The Registrar shall cause to be published in the Official Journal of the European Communities the composition of the Chambers and the criteria applied in the allocation of cases to them, the election of the President of the Court of First Instance and of the Presidents of Chambers, the appointment of the Registrar and of any Deputy Registrar.

at the request of one of the parties, and after the opposite party and the Advocate-General have been heard, the Court of First Instance may, by way of derogation from subparagraph (a), authorize another of the languages mentioned in paragraph (1) of this Article to be used as the language of the case for all or part of the proceedings;

The Rules of Procedure of the Court of First Instance of the European Communities of 2 May 1991 (OJ L 136, 30.5.1991, p. 1), amended on 15 September 1994 (OJ L 249, 24.9.1994, p. 17), 17 February 1995 (OJ L 44, 28.2.1995, p. 64), 6 July 1995 (OJ L 172, 22.7.1995, p. 3), 12 March 1997 (OJ L 103, 19.4.1997, p. 6, Corrigendum:

In order to resolve certain problems which may arise under the new procedure concerning disputes regarding public access to administrative documents, it is necessary to provide for the Court of First Instance to be able to exclude the communication to the parties of documents the production of which must be ordered.

(1) Following the entry into force of the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts and of the new Protocol on the Statute of the Court of Justice, and the expiry of the Treaty establishing the European Coal and Steel Community, it is necessary to make certain formal adjustments to the provisions of the Rules of Procedure, to amend the provisions on the election of the Presidents of Chambers in accordance with the first paragraph of Article 50 of the Statute of the Court of Justice and to provide for the possibility of the Court of First Instance sitting as Grand Chamber, as laid down in the third paragraph of Article 50 of the Statute of the Court of Justice.

Where, in accordance with the second subparagraph of Article 44(2), the addressee has agreed that service is to be effected on him by telefax or other technical means of communication, any procedural document other than a judgment or order of the Court of First Instance may be served by the transmission of a copy of the document by such means.

The Court may assign to a Chamber any appeal brought against a decision of the Court of First Instance pursuant to Article 49 of the ECSC Statute, Article 49 of the EEC Statute and Article 50 of the Euratom Statute, any reference for a preliminary ruling of a kind mentioned in Article 103 of these Rules and any other case, with the exception of those brought by a Member State or an institution, in so far as the difficulty or the importance of the case or particular circumstances are not such as to require that the Court decide it in plenary session.

The Court of First Instance may at any time, of its own motion, consider whether there exists any absolute bar to proceeding with an action or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 114 (3) and (4).`

in the case of an application addressed to a Community institution, the date of reception of such application by the Council or the Commission (whichever was the earlier) provided either that the applicant subsequently brought an action before the Court of First Instance within the two-month delay stipulated in Article 43 of the Statute of the Court of Justice, or that the Community institution accepted in writing that such application interrupted the time bar,

Whereas the experience of the implementation of Regulation (EEC) No 2187/93 has shown the advisability of providing for a power to authorise the transmission of compensation offers to producers who fail to comply with certain conditions set out in the arrangements fixed in the Regulation, but whose circumstances nevertheless satisfy the conditions laid down in the judgments of the Court of Justice or Court of First Instance with regard to the liability of the Community,