Article 4

Cases falling within the scope of Article 3 of Decision 88/591/ECSC, EEC, Euratom, as amended by this Decision, of which the Court of Justice is seised on the date on which this Decision enters into force but in which the preliminary report provided for in Article 44 (1) of the Rules of Procedure of the Court of Justice has not yet been presented, shall be referred to the Court of First Instance.