Regulation (EU, Euratom) 2016/1192 of the European Parliament and of the Council
of 6 July 2016
on the transfer to the General Court of jurisdiction at first instance in disputes between the European Union and its servants
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 256(1), the first and second paragraphs of Article 257, and the second paragraph of Article 281 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
Having regard to the request of the Court of Justice,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Commission1,
Acting in accordance with the ordinary legislative procedure2,
Whereas:
Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council3, provides that the General Court, consisting of 40 Judges as from 25 December 2015, is to consist of 47 Judges as from 1 September 2016, and of two Judges per Member State as from 1 September 2019.
As indicated in recital 9 of Regulation (EU, Euratom) 2015/2422, the increase by seven of the number of Judges of the General Court on 1 September 2016 should be accompanied by the transfer to the General Court of jurisdiction at first instance in disputes between the Union and its servants under Article 270 of the Treaty on the Functioning of the European Union (TFEU). This transfer of jurisdiction presupposes, in accordance with Article 256(1) TFEU, the dissolution of the European Union Civil Service Tribunal (‘Civil Service Tribunal’).
Accordingly, jurisdiction at first instance in disputes between all institutions, bodies, offices or agencies, on the one hand, and their servants, on the other, in respect of which jurisdiction is conferred on the Court of Justice of the European Union, should be conferred on the General Court.
It is therefore necessary to repeal Council Decision 2004/752/EC, Euratom4 and Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council5 as well as to amend Protocol No 3.
The General Court should try European Union civil service cases taking into account the specific features of disputes in that field, including by examining the possibilities for amicable settlement at all stages of the procedure.
Furthermore, in order to ensure the efficient conduct of proceedings in the cases pending before the Civil Service Tribunal on the date of transfer, and to lay down the rules applicable to appeals under examination as at that date, or brought subsequently, against decisions of that Tribunal, provision should be made for appropriate transitional arrangements concerning the transfer to the General Court of European Union civil service cases,
HAVE ADOPTED THIS REGULATION: