11986U004

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ARTICLE 4

THE ECSC TREATY IS SUPPLEMENTED BY THE FOLLOWING PROVISIONS :

" ARTICLE 32D

1 . AT THE REQUEST OF THE COURT OF JUSTICE AND AFTER CONSULTING THE COMMISSION AND THE EUROPEAN PARLIAMENT , THE COUNCIL MAY , ACTING UNANIMOUSLY , ATTACH TO THE COURT OF JUSTICE A COURT WITH JURISDICTION TO HEAR AND DETERMINE AT FIRST INSTANCE , SUBJECT TO A RIGHT OF APPEAL TO THE COURT OF JUSTICE ON POINTS OF LAW ONLY AND IN ACCORDANCE WITH THE CONDITIONS LAID DOWN BY THE STATUTE , CERTAIN CLASSES OF ACTION OR PROCEEDING BROUGHT BY NATURAL OR LEGAL PERSONS . THAT COURT SHALL NOT BE COMPETENT TO HEAR AND DETERMINE ACTIONS BROUGHT BY MEMBER STATES OR BY COMMUNITY INSTITUTIONS OR QUESTIONS REFERRED FOR A PRELIMINARY RULING UNDER ARTICLE 41 .

2 . THE COUNCIL , FOLLOWING THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , SHALL DETERMINE THE COMPOSITION OF THAT COURT AND ADOPT THE NECESSARY ADJUSTMENTS AND ADDITIONAL PROVISIONS TO THE STATUTE OF THE COURT OF JUSTICE . UNLESS THE COUNCIL DECIDES OTHERWISE , THE PROVISIONS OF THIS TREATY RELATING TO THE COURT OF JUSTICE , IN PARTICULAR THE PROVISIONS OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE , SHALL APPLY TO THAT COURT .

3 . THE MEMBERS OF THAT COURT SHALL BE CHOSEN FROM PERSONS WHOSE INDEPENDENCE IS BEYOND DOUBT AND WHO POSSESS THE ABILITY REQUIRED FOR APPOINTMENT TO JUDICIAL OFFICE ; THEY SHALL BE APPOINTED BY COMMON ACCORD OF THE GOVERNMENTS OF THE MEMBER STATES FOR A TERM OF SIX YEARS . THE MEMBERSHIP SHALL BE PARTIALLY RENEWED EVERY THREE YEARS . RETIRING MEMBERS SHALL BE ELIGIBLE FOR REAPPOINTMENT .

4 . THAT COURT SHALL ESTABLISH ITS RULES OF PROCEDURE IN AGREEMENT WITH THE COURT OF JUSTICE . THOSE RULES SHALL REQUIRE THE UNANIMOUS APPROVAL OF THE COUNCIL . " .