Rules of procedure of the EFTA Court

• Published date: 20 May 2021
• Official Gazette Publication: Official Journal of the European Union, L 179, 20 May 2021

20.5.2021 EN Official Journal of the European Union L 179/13

---

RULES OF PROCEDURE OF THE EFTA COURT

TABLE OF CONTENTS

INTRODUCTORY PROVISIONS 18

Article 1 Definitions 18

Article 2 Purpose 18

TITLE I ORGANISATION OF THE COURT 19

Chapter 1 JUDGES 19

Article 3 Commencement of a Judge’s term of office 19

Article 4 Taking of the oath 19

Article 5 Solemn undertaking 19

Article 6 Depriving a Judge of his office 19

Article 7 Order of seniority 19

Chapter 2 PRESIDENCY 20

Article 8 Election of the President 20

Article 9 Responsibilities of the President 20

Article 10 Where the President is prevented from acting 20

Chapter 3 REGISTRY 20

Article 11 Appointment of the Registrar 20

Article 12 Deputy Registrar 21

Article 13 Where the Registrar and Deputy Registrar are prevented from acting 21

Article 14 Responsibilities of the Registrar 21

Article 15 Keeping of the register 22

Article 16 Consultation of the register and of judgments and orders 22

Article 17 Authorisation to provide registry functions 22

Chapter 4 OFFICIALS AND OTHER SERVANTS 22

Article 18 Appointment 22

Article 19 Organisation 23

Chapter 5 THE WORKING OF THE COURT 23

Article 20 Calendar of judicial business 23

Article 21 Designation of the Judge-Rapporteur 23

Article 22 Withdrawal and excusing of a Judge 23

Article 23 Where a Judge is prevented from acting 24

Article 24 Hearings 24

Article 25 Drawing-up of minutes 24

Article 26 Deliberations 24

Article 27 Decisions of the Court - quorum 24

Article 28 Annual Report 25

Chapter 6 LANGUAGES 25

Article 29 Language of the Court 25

Article 30 Advisory opinion procedure 25

Article 31 Witnesses 26

Article 32 Publications of the Court 26

TITLE II COMMON PROCEDURAL PROVISIONS 26

Chapter 1 RIGHTS AND OBLIGATIONS OF AGENTS, ADVISERS AND LAWYERS 26

Article 33 Privileges, immunities and facilities 26

Article 34 Status of the parties’ representatives 26

Article 35 Waiver of immunity 27

Article 36 Exclusion from the proceedings 27

Chapter 2 NOTIFICATION AND SERVICE 27

Article 37 Notification of requests for advisory opinions 27

Article 38 Methods of service 27

Chapter 3 TIME-LIMITS 28

Article 39 Calculation of time-limits 28

Article 40 Proceedings against a measure adopted by the EFTA Surveillance Authority 28

Article 41 Distance 29

Article 42 Setting and extension of time-limits 29

Article 43 Force majeure 29

Chapter 4 DIFFERENT PROCEDURES FOR DEALING WITH CASES 29

Article 44 Procedures for dealing with cases 29

Article 45 Anonymity and omission of certain information vis-à-vis the public 29

Article 46 Joinder 30

Article 47 Stay of proceedings 30

Article 48 Deferment of the determination of a case 30

Chapter 5 LEGAL AID 31

Article 49 Legal aid 31

Article 50 Application for legal aid 31

Article 51 Decision on the application for legal aid 31

Article 52 Advances and responsibility for costs 32

Article 53 Withdrawal of legal aid 32

Chapter 6 WRITTEN PROCEDURE 32

Article 54 Lodging of pleadings 32

Chapter 7 PRELIMINARY REPORT 33

Article 55 Preliminary report 33

Chapter 8 MEASURES OF ORGANISATION OF PROCEDURE AND MEASURES OF INQUIRY 34

Article 56 Measures of organisation of procedure and measures of inquiry 34

Article 57 Measures of organisation of procedure 34

Article 58 Measures of inquiry 34

Article 59 Treatment of confidential information and material 35

Article 60 Documents to which access has been denied by the EFTA Surveillance Authority 35

Chapter 9 SUMMONING AND EXAMINATION OF WITNESSES AND EXPERTS 35

Article 61 Oral testimony 35

Article 62 Examination of witnesses 36

Article 63 Expert’s report 36

Article 64 Duties of witnesses and experts 37

Article 65 Objection to a witness or expert 37

Article 66 Witnesses’ and experts’ costs 37

Article 67 Minutes of inquiry hearings 37

Article 68 Letters rogatory 37

Chapter 10 ORAL PART OF THE PROCEDURE 38

Article 69 Opening date 38

Article 70 Dispensing with the oral part of the procedure 38

Article 71 Report for the hearing 38

Article 72 Absence of the parties from the hearing 38

Article 73 Joint hearing 39

Article 74 Conduct of oral proceedings 39

Article 75 Cases heard in camera 39

Article 76 Addressing the Court 39

Article 77 Closing of the oral part of the procedure 39

Article 78 Opening or reopening of the oral part of the procedure 39

Article 79 Minutes of the hearing 39

Chapter 11 JUDGMENTS AND ORDERS 40

Article 80 Information on the date of delivery of judgments 40

Article 81 Content of a judgment 40

Article 82 Delivery and service of a judgment 40

Article 83 Content of an order 41

Article 84 Signature and service of an order 41

Article 85 Binding nature of judgments and orders 41

Article 86 Notice 41

Article 87 Rectification of judgments and orders 41

TITLE III ADVISORY OPINION PROCEDURE 42

Chapter 1 GENERAL PROVISIONS 42

Article 88 Content of the request for an advisory opinion 42

Article 89 Anonymity 42

Article 90 Participation in advisory opinion proceedings 42

Article 91 Parties to the main proceedings 43

Article 92 Translation and service of the request for an advisory opinion 43

Article 93 Reply by reasoned order 43

Article 94 Circumstances in which the Court remains seised 43

Article 95 Request for clarification 43

Article 96 Costs of the advisory opinion proceedings 44

Article 97 Interpretation of advisory opinions 44

Chapter 2 EXPEDITED PROCEDURE 44

Article 98 Expedited procedure 44

Article 99 Lodging and service of pleadings 44

TITLE IV DIRECT ACTIONS 45

Chapter 1 REPRESENTATION OF THE PARTIES 45

Article 100 Obligation to be represented 45

Chapter 2 WRITTEN PROCEDURE 45

Article 101 Content of the application 45

Article 102 Information relating to service 45

Article 103 Annexes to the application 46

Article 104 Modification of the application 46

Article 105 Failure to produce the required documents 46

Article 106 Service of the application 47

Article 107 Defence 47

Article 108 Reply and rejoinder 47

Article 109 Adversarial procedure 47

Chapter 3 PLEAS IN LAW AND EVIDENCE 48

Article 110 New pleas in law 48

Article 111 Evidence offered or produced 48

Chapter 4 INTERVENTION 48

Article 112 Object and effects of the intervention 48

Article 113 Application to intervene 48

Article 114 Decision on applications to intervene 49

Article 115 Submission of statements in intervention 49

Chapter 5 EXPEDITED PROCEDURE 50

Article 116 Expedited procedure 50

Article 117 Written procedure 50

Article 118 Intervention in the expedited procedure 50

Article 119 Oral part of the procedure 51

Chapter 6 COSTS 51

Article 120 Decision as to costs 51

Article 121 General rules as to allocation of costs 51

Article 122 Costs of interveners 51

Article 123 Costs in the event of discontinuance or withdrawal 52

Article 124 Costs where a case does not proceed to judgment 52

Article 125 Costs of proceedings 52

Article 126 Recoverable costs 52

Article 127 Dispute concerning the costs to be recovered 52

Article 128 Procedure for payment 53

TITLE V SPECIAL FORMS OF PROCEDURE 53

Chapter 1 ASSIGNMENT TO THE JUDGE-RAPPORTEUR 53

Article 129 Assignment to the Judge-Rapporteur 53

Chapter 2 SETTLEMENT, DISCONTINUANCE, CASES THAT DO NOT PROCEED TO JUDGMENT AND PRELIMINARY ISSUES 53

Article 130 Amicable settlement 53

Article 131 Discontinuance 53

Article 132 Cases that do not proceed to judgment 54

Article 133 Preliminary objections and issues 54

Chapter 3 JUDGMENT BY DEFAULT 54

Article 134 Judgment by default 54

Article 135 Application to set aside a judgment by default 55

Chapter 4 REQUESTS AND APPLICATIONS RELATING TO JUDGMENTS AND ORDERS 55

Article 136 Failure to adjudicate 55

...