Composition of panels and assignment of actions
Chapter 9 – Rules relating to the organisation of the Court
Rule 345 – Composition of panels and assignment of actions
- The President of the Court of First Instance or a judge to whom he has delegated this task in a division, the seat of the central division or one of its sections shall allocate the judges to the panels of the local and regional divisions, the seat of the central division and its sections.
- The allocation shall be in conformity with Article 8 of the Agreement.
- The actions pending in the division, the seat of the central division or one of its sections shall be assigned to the panels by the Registrar following an action-distribution-scheme established by the presiding judge of each local or regional division, the seat of the central division and its sections (being the judge appointed by the Presidium as the presiding judge) for the duration of one calendar year, preferably distributing the actions according to the date of receipt of the actions at the division or section.
- Each panel may delegate to one or more judges of the panel:
- the function of acting as a single judge; or
- the function of acting for the panel in the procedures of Part 1 Chapter 4 (Procedure for the Determination of Damages and Compensation, including the procedure for the laying open of books) and Chapter 5 (Procedure for Cost Decisions). These functions may be delegated to the judge-rapporteur who has prepared the action for the oral hearing.
- The President of the Court of First Instance or a judge to whom he has delegated this task in a division, the seat of the central division or one of its sections shall designate the judges assigned to each division, the seat of the central division and each of its sections as standing judges for urgent actions. The assignment may be limited to certain periods of time.
- If all parties agree to having the action heard by a single judge, the presiding judge of the panel to which the action is allocated shall assign the action to a legally qualified judge of the panel.
- Where paragraphs 1 to 6 apply to decisions by the presiding judge of the seat of the central division or one of its sections, the President of the Court of First Instance may of his own motion review that decision.
- Paragraphs 1 to 6 shall apply mutatis mutandis to the Court of Appeal; the President of the Court of Appeal exercising the respective functions.
Relation with Agreement:
Relation with Statute:
Linking to this rule:
Rule 1 – Application of the Rules and general principles of interpretation
Rule 17 – Recording in the register and assignment (Court of First Instance, infringement action)
Rule 92 – Assignment to panel or to single judge, designation of judge-rapporteur
Rule 97 – Application to annul a decision of the Office to reject a request for unitary effect
Rule 194 – Examination of the Application for preserving evidence
Rule 209 – Examination of the Application for provisional measures
Rule 220 – Appealable decisions
Rule 221 – Application for leave to appeal against cost decisions
Rule 223 – Application for suspensive effect
Rule 230 – Recording in the register (Court of Appeal)
Rule 234 – Challenge to the decision to reject an appeal as inadmissible
Rule 241 – Conduct of the oral hearing for an appeal of a cost decision
Rule 253 – Examination as to formal requirements of the Application for rehearing