Date: 2016-09-15Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision (EU, Euratom) 2016/1654 of the Representatives of the Governments of the Member States of 7 September 2016 appointing Judges to the General Court
Executive Summary:
This decision appoints Judges to the General Court of the European Union, following Article 48 of Protocol No 3. It appoints Mr. Jan Passer until 31 August 2019, and Ms. Maria Jos Costeira until 31 August 2022, effective from the decision's entry into force. It also appoints Mr. Alexander Kornezov and Mr. Ezio Perillo from 1 September 2016 to 31 August 2019, and Mr. Ren Barents and Mr. Jesper Svenningsen from 1 September 2016 to 31 August 2022.
Key Points / Main Content:
* **Appointments of Judges:**
* Mr. Jan Passer is appointed as Judge until 31 August 2019, effective upon the decision's entry into force.
* Ms. Maria Jos Costeira is appointed as Judge until 31 August 2022, effective upon the decision's entry into force.
* Mr. Alexander Kornezov and Mr. Ezio Perillo are appointed as Judges from 1 September 2016 to 31 August 2019.
* Mr. Ren Barents and Mr. Jesper Svenningsen are appointed as Judges from 1 September 2016 to 31 August 2022.
* **Basis for Appointments:**
* The appointments are based on Article 48 of Protocol No 3 on the Statute of the Court of Justice, as amended by Regulation EU, Euratom 2015/2422.
* These appointments fill positions for additional judges as the General Court expands to 40 judges from 25 December 2015, and to 47 judges from 1 September 2016.
* The terms of office for additional judges are aligned with partial replacements of the General Court's membership.
* **Suitability Assessment:**
* The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of the nominated judges.
* **Entry into Force:**
* The decision enters into force on the day following its publication in the Official Journal of the European Union.
Impact Analysis:
General Court:
* Impact: The General Court will have new judges appointed, affecting its composition and capacity to handle cases. The court's jurisdiction is expanded to include disputes between the Union and its servants from 1 September 2016.
* Action Required: Integrate the new judges into the court's operations and allocate cases accordingly.
Newly Appointed Judges:
* Impact: The named individuals will assume their judicial duties at the General Court for the specified terms.
* Action Required: Prepare to take office and fulfill judicial responsibilities.
European Union (as a whole):
* Impact: Ensures the General Court is fully staffed to handle its responsibilities, contributing to the functioning of the EU legal system.
* Action Required: None specified.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
General Court: A court of the European Union. It is part of the Court of Justice of the European Union.
Treaty on European Union: One of the two primary treaties upon which the European Union EU is founded.
Treaty on the Functioning of the European Union: One of the two primary treaties upon which the European Union EU is founded.
European Atomic Energy Community: An international organisation established by the Treaty of Rome on 25 March 1957 with the purpose of creating a specialist market for nuclear power in Europe.
Regulation EU, Euratom 2015/2422: A regulation of the European Parliament and of the Council amending Protocol No 3 on the Statute of the Court of Justice of the European Union.
Jan PASSER: Nominated and appointed as Judge of the General Court.
Brussels: The city where the decision was made, implying it is a location of importance within the European Union context.
15.9.2016 EN Official Journal of the European Union L 247/13
DECISIONS
DECISION (EU, Euratom) 2016/1654 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF
THE MEMBER STATES
of 7 September 2016
appointing Judges to the General Court
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 19 thereof,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1)
thereof,
Whereas:
(1) 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 Council (1), provides that the
General Court consists of 40 Judges as from 25 December 2015. Point (a) of Article 2 of that Regulation
determines the term of office of the 12 additional Judges such that the end of their respective terms of office
coincides with to the partial replacements of the membership of the General Court which will take place on
1 September 2016 and 1 September 2019.
(2) It is on that basis that Mr Jan PASSER has been nominated for the post of additional Judge of the General Court.
(3) Furthermore, 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, provides that the General Court consists of 47 Judges as from
1 September 2016. Point (b) of Article 2 of that Regulation determines the term of office of the seven additional
Judges such that the end of their respective terms of office coincides with the partial replacements of the
membership of the General Court which will take place on 1 September 2019 and 1 September 2022.
(4) It is on that basis that Mr René BARENTS, Ms Maria José COSTEIRA, Mr Alexander KORNEZOV, Mr Ezio PERILLO
and Mr Jesper SVENNINGSEN have been nominated for the posts of additional Judges at the General Court.
(5) The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion
on the suitability of Mr René BARENTS, Ms Maria José COSTEIRA, Mr Alexander KORNEZOV, Mr Jan PASSER,
Mr Ezio PERILLO and Mr Jesper SVENNINGSEN to perform the duties of Judges of the General Court.
(6) It is appropriate to appoint Mr Jan PASSER for the period from the date of entry into force of this Decision to
31 August 2019. It is also appropriate to appoint Ms Maria José COSTEIRA for the period from the date of entry
into force of this Decision to 31 August 2022.
(7) Given that Mr René BARENTS, Mr Alexander KORNEZOV, Mr Ezio PERILLO and Mr Jesper SVENNINGSEN performed
the duties of Judges of the Civil Service Tribunal until the dissolution of that Tribunal on 31 August 2016, and
given that jurisdiction at first instance in disputes between the Union and its servants is transferred to the
General Court from 1 September 2016 by Regulation (EU, Euratom) 2016/1192 of the European Parliament and
(1) Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on
the Statute of the Court of Justice of the European Union (OJ L 341, 24.12.2015, p. 14).L 247/14 EN Official Journal of the European Union 15.9.2016
of the Council (1), it is appropriate to appoint Mr Alexander KORNEZOV and Mr Ezio PERILLO for a term of office
commencing on 1 September 2016 and ending on 31 August 2019, and to appoint Mr René BARENTS and
Mr Jesper SVENNINGSEN for a term of office commencing on 1 September 2016 and ending on 31 August 2022,
HAVE ADOPTED THIS DECISION:
Article 1
Mr Jan PASSER is hereby appointed a Judge of the General Court for the period from the date of entry into force of this
Decision to 31 August 2019.
Article 2
Ms Maria José COSTEIRA is hereby appointed a Judge of the General Court for the period from the date of entry into
force of this Decision to 31 August 2022.
Article 3
The following persons are hereby appointed Judges of the General Court for the period from 1 September 2016 to
31 August 2019:
— Mr Alexander KORNEZOV,
— Mr Ezio PERILLO.
Article 4
The following persons are hereby appointed Judges of the General Court for the period from 1 September 2016 to
31 August 2022:
— Mr René BARENTS,
— Mr Jesper SVENNINGSEN.
Article 5
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
Done at Brussels, 7 September 2016.
The President
P. JAVORČÍK
(1) 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 (OJ L 200, 26.7.2016, p. 137).