# Council Decision of 3 October 2005 amending the Protocol on the Statute of the Court of Justice, in order to lay down the conditions and limits for the review by the Court of Justice of decisions given by the Court of First Instance (2005/696/EC, Euratom), Introduction: Introductory text

Extent: E+W+S+N.I.

Council Decision
of 3 October 2005
amending the Protocol on the Statute of the Court of Justice, in order to lay down the conditions and limits for the review by the Court of Justice of decisions given by the Court of First Instance
(2005/696/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 225(2) and (3) and the second paragraph of Article 245 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140a(2) and (3) and the second paragraph of Article 160 thereof,
Having regard to the request of the Court of Justice of 12 September 2003,
Having regard to the opinion of the European Parliament of 10 February 2004,
Having regard to the opinion of the Commission of 11 February 2005,
Whereas:
(1)
Article 225(2) and (3) of the EC Treaty, as amended by Article 2(31) of the Treaty of Nice, provides:
‘2. The Court of First Instance shall have jurisdiction to hear and determine actions or proceedings brought against decisions of the judicial panels set up under Article 225a.
Decisions given by the Court of First Instance under this paragraph may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Community law being affected.
3. The Court of First Instance shall have jurisdiction to hear and determine questions referred for a preliminary ruling under Article 234, in specific areas laid down by the Statute.
Where the Court of First Instance considers that the case requires a decision of principle likely to affect the unity or consistency of Community law, it may refer the case to the Court of Justice for a ruling.
Decisions given by the Court of First Instance on questions referred for a preliminary ruling may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Community law being affected.’
(2)
Article 140a(2) and (3) of the EAEC Treaty was similarly amended by Article 3(13) of the Treaty of Nice.
(3)
Account was taken in part of those amendments in Article 62 of the Protocol on the Statute of the Court of Justice, in accordance with which: ‘In the cases provided for in Article 225(2) and (3) of the EC Treaty and Article 140a(2) and (3) of the EAEC Treaty, where the First Advocate General considers that there is a serious risk of the unity or consistency of Community law being affected, he may propose that the Court of Justice review the decision of the Court of First Instance.
The proposal must be made within one month of delivery of the decision of the Court of First Instance. Within one month of receiving the proposal made by the First Advocate General, the Court of Justice shall decide whether or not the decision should be reviewed.’
(4)
In accordance with Declaration No 13 annexed to the Final Act of the Treaty of Nice, it is necessary to adopt the provisions concerning review of judgments delivered by the Court of First Instance ruling on decisions of the judicial panels and on questions referred for a preliminary ruling, specifying:
— ‘the role of the parties in proceedings before the Court of Justice, in order to safeguard their rights,
— the effect of the review procedure on the enforceability of the decision of the Court of First Instance,
— the effect of the Court of Justice decision on the dispute between the parties.’,
HAS DECIDED AS FOLLOWS:

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Source: https://www.legislation.gov.uk/eudn/2005/696/introduction (the official version)
Page: https://openlegislation.uk/eu-decision-2005-696/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.