Activites

• 2004/04/29 Final act published in Official Journal
  • Decision 2004/407
  • OJ L 132 29.04.2004, p. 0005-0006
• 2004/04/26 End of procedure in Parliament
• 2004/04/26 Act adopted by Council after consultation of Parliament
• 2004/02/10 Decision by Parliament, 1st reading/single reading
  • T5-0071/2004 summary

    The European Parliament adopted a resolution approving the report by Jose Maria GIL-ROBLES GIL-DELGADO (EPP-ED, E) subject to one amendment. (Please see the summary of 27/01/04.)�

• 2004/01/27 Vote in committee, 1st reading/single reading
  • A5-0046/2004
• 2003/03/13 Committee referral announced in Parliament, 1st reading/single reading
• 2003/02/13 Legislative proposal published
  • 06283/2003 summary

    PURPOSE : to amend Articles 51 and 54 of the Statute of the Court of Justice aiming to transfer jurisdiction between the Court of Justice and the Court of First Instance. CONTENT : by Declaration No 12 adopted at the Nice summit, the Conference of the Representatives of the Governments of the Member States called on the Court of Justice and the Commission to give overall consideration to the allocation of jurisdiction between the Court of Justice and the Court of First Instance, in particular in the area of direct actions, and to submit suitable proposals for examination by the competent bodies as soon as the Treaty of Nice entered into force. Under the new Article 225, paragraph 1 EC, the Court of First Instance is the court of general jurisdiction at first instance not only for actions brought by individuals and undertakings, but for all the direct actions referred to in the first sentence of Article 225, paragraph 1. Within that framework, those exceptional cases in which the Court of Justice retains exclusive jurisdiction must be justified by particular circumstances. In order not to undo the previous transfer to the Court of First Instance of actions brought by individuals and undertakings, the proposal is limited to actions brought by Member States, Community institutions and the European Central Bank. By the same token, no consideration has been given to actions brought pursuant to Articles 235, 236 or 238 EC (non-contractual liability, disputes between the Community and its servants, arbitration clauses). There is no need, at this stage, to exploit the possibilities afforded by the final sentence of the first subparagraph of Article 225, paragraph 1 EC. First, it does not seem appropriate at present for the Court of Justice to consider divesting itself of jurisdiction in actions for infringement of Treaty obligations, even at first instance. Second, as regards other actions not referred to in the first sentence of Article 225, paragraph 1, in particular those referred to in Articles 237 EC and 239 EC, two factors to be taken into account are the uncertainty surrounding the possible consequences of such actions being brought before two courts in succession, and the very limited number of such cases. Those considerations appear to justify reserving jurisdiction in such matters to the Court of Justice. With the scope of the proposal thus limited to actions for annulment and actions for failure to act (Articles 230 EC and 232 EC), between which a degree of symmetry must be maintained, the aim has been to achieve the transfer of a significant number of cases so as to leave the Court of Justice exclusive jurisdiction at first and last instance only in respect of judicial review of basic legislative activity and in respect of the determination of inter-institutional disputes, with the Court of First Instance having jurisdiction to hear and determine the other categories of cases.�

Documents

• Legislative proposal published: 06283/2003
• Committee report tabled for plenary, 1st reading/single reading: A5-0046/2004
• Decision by Parliament, 1st reading/single reading: T5-0071/2004
• : Decision 2004/407
• : OJ L 132 29.04.2004, p. 0005-0006

History

(these mark the time of scraping, not the official date of the change)