OpenLegislation

Article 3

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

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:

(a)

in disputes between the Communities and their servants referred to in Article 179 of the EEC Treaty and in Article 152 of the EAEC Treaty;

(b)

in actions brought against the Commission pursuant to the second paragraph of Article 33 and Article 35 of the ECSC Treaty by undertakings or by associations of undertakings referred to in Article 48 of that Treaty, and which concern individual acts relating to the application of Article 50 and Articles 57 to 66 of the said Treaty;

(c)

in actions brought against an institution of the Communities by natural or legal persons pursuant to the second paragraph of Article 173 and the third paragraph of Article 175 of the EEC Treaty relating to the implementation of the competition rules applicable to undertakings.

2.

Where the same natural or legal person brings an action which the Court of First Instance has jurisdiction to hear by virtue of paragraph 1 of this Article and an action referred to in the first and second paragraphs of Article 40 of the ECSC Treaty, Article 178 of the EEC Treaty, or Article 151 of the EAEC Treaty, for compensation for damage caused by a Community institution through the act or failure to act which is the subject of the first action, the Court of First Instance shall also have jurisdiction to hear and determine the action for compensation for that damage.

3.

The Council will, in the light of experience, including the development of jurisprudence, and after two years of operation of the Court of First Instance, re-examine the proposal by the Court of Justice to give the Court of First Instance competence to exercise jurisdiction in actions brought against the Commission pursuant to the second paragraph of Article 33 and Article 35 of the ECSC Treaty by undertakings or by associations of undertakings referred to in Article 48 of that Treaty, and which concern acts relating to the application of Article 74 of the said Treaty as well as in actions brought against an institution of the Communities by natural of legal persons pursuant to the second paragraph of Article 173 and the third paragraph of Article 175 of the EEC Treaty and relating to measures to protect trade within the meaning of Article 113 of that Treaty in the case of dumping and subsidies.