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05. 09. 2010 - Brüssel: 12:31

zum Rules of Procedure of the Court of First Instance of the European Communities InhaltsverzeichnisHaftungsausschluss
 
vorheriger Paragrafnächster Paragraf
Article 14 (5)(7)
 
 Gesetzestext(Berücksichtigter Stand der Gesetzgebung: 1. April 2008)
1. Whenever the legal difficulty or the importance of the case or special circumstances so justify, a case may be referred to the Court of First Instance sitting in plenary session, to the Grand Chamber or to a Chamber composed of a different number of Judges.
2. (1) The following cases assigned to a Chamber composed of three Judges may be heard and determined by the Judge-Rapporteur sitting as a single Judge where, having regard to the lack of difficulty of the questions of law or fact raised, to the limited importance of those cases and to the absence of other special circumstances, they are suitable for being so heard and determined and have been delegated under the conditions laid down in Article 51:
(a) cases brought pursuant to Article 236 of the EC Treaty and to Article 152 of the EAEC Treaty;
(b) cases brought pursuant to the fourth paragraph of Article 230, the third paragraph of Article 232 and Article 235 of the EC Treaty, to the second paragraph of Article 33, Article 35 and the first and second paragraphs of Article 40 of the ECSC Treaty and to the fourth paragraph of Article 146, the third paragraph of Article 148 and Article 151 of the EAEC Treaty that raise only questions already clarified by established case-law or that form part of a series of cases in which the same relief is sought and of which one has already been finally decided;
(c) cases brought pursuant to Article 238 of the EC Treaty, Article 42 of the ECSC Treaty and Article 153 of the EAEC Treaty.
(2) Delegation to a single Judge shall not be possible:
(a) in cases which raise issues as to the legality of an act of general application;
(b) in cases concerning the implementation of the rules:
- on competition and on control of concentrations,
- relating to aid granted by States,
- relating to measures to protect trade,
- relating to the common organisation of the agricultural markets, with the exception of cases that form part of a series of cases in which the same relief is sought and of which one has already been finally decided;
(c) in the cases referred to in Article 130(1).
(3) The single Judge shall refer the case back to the Chamber if he finds that the conditions justifying its delegation are no longer satisfied.
3. The decisions to refer or to delegate a case which are provided for in paragraphs 1 and 2 shall be taken under the conditions laid down in Article 51.
[Druckversion]


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