The Gazette 1975

but through the headphones, to an interpreter—and of course the quality of the interpretation varies enor- mously, and, however good it is, it is not like listening to a solicitor directly. So written pleadings (in direct actions) and written observations (in references for preliminary rulings), dominate, because they can be properly translated at leisure, and one can then read the translations. The procedure differs slightly as between direct actions and references for preliminary rulings. The pro- cedure in staff cases is the same as in direct actions, except that they are heard by a Chamber instead of by the full Court. Requisite pleadings In direct actions there are four pleadings—the Ap- plication, the Defence, the Reply and the Rejoinder. The Application is the document that originates the proceedings and at the same time sets out the Defen- dant's case. The Reply and Rejoinder are optional. As I have tried to indicate, pleadings in direct actions are not intended to fulfil the same limited pur- pose that pleadings fulfil in an Irish Court. They are the main vehicle for the parties to present their cases to the Court. Each party sets out in his pleadings not only what he says the facts are, but also his 'sub- missions of law, the arguments in support of those submissions and the authorities on which he relies. He annexes to his pleadings any documentary evidence on which he relies, and if he wants any witness to be called, he says so in his pleadings. Another thing that differentiates proceedings in this Court from proceedings in an Irish Court is that the parties do not in general serve documents on each other, or deliver them to each other. Pleadings are lodged at the Registry of the Court and it is the job of the Registry to serve them on the other party or parties. For this purpose, parties to direct actions are required to have an address for service in Luxembourg. What this means, in practice, for parties represented by Irish Solicitors, is that their Solicitors have to have a Luxembourg agent, who can, so far as the Rules go, be anybody at all with an address in Luxembourg, but is usually an avocat from Luxembourg. 1 When an Application originating a case arrives at the Registry, the case is given a number e.g. 1/75 for the first case of 1975, and it is at once assigned by the President to one of the Judges, to act as Rapporteur, and to one of the Advocates General. At the close of pleadings, the Court decides whether any issue of fact raised in the pleadings needs to be determined by wh?t is called a "preparatory inquiry". The judic al technique here is rather like that of an order for a Chancery inquiry in the High Court. An inquiry may be conducted either by the full Court, or by a Chamber or by the Judge Rapporteur, with, in every case, the Advocate-General. Such an inquiry may involve the personal appearance of one or more of the parties, or the production of further documents or information by the parties, or the exam- ination of witnesses, or experts' reports, or an inspection of the place or thing in question.

But inquiries are rare. Most cases go straight to a hearing. After the hearing there is an adjournment during which the Advocate-General writes his opinion and it is, so far as necessary, translated. About three weeks later he delivers it. Then, after another adjournment, the judgment is delivered. In references for preliminary rulings the procedure is very similar, except initially. The National Court or Tribunal making the reference sends its order for refer- ence direct to the Registry of this Court. It is then translated into all the other Community languages and served by the Registry on the parties, on the Member States, on the Commission, and on the Council if an act of the Council is in issue. Within two months, any of these may submit written observations on the ques- tion or questions referred. In practice, the Commission always submits observations, the parties normally do so, and Member States sometimes do so. There are usually no preparatory inquiries, as the questions re- ferred are pure questions of law. There is then a hear- ing which the parties are not obliged to attend, al- though they usually do and the Commission almost always does. As there is only one round of written observations, the hearing is the only opportunity the parties have of commenting on each other's observa- tions. The hearing is followed in the usual way after an adjournment by the Advocate-General's opinion, and after another adjournment by the ruling of the Court. The Court, as I have said works fast. A preliminary ruling is normally given within between four and eight months of the receipt of the order for reference at the Registry. Direct actions take rather longer, but seldom more than a year. Costs awarded by the Court A reference for a preliminary ruling is considered to be a step in the proceedings before the National Court or Tribunal concerned and the costs therefore to be a matter for that Court or Tribunal, except that the Community Court can grant legal aid to any party out of its own funds. This is a particularly valuable power particularly in social security cases. In direct actions costs are awarded by the Court on very much the same sort of principles as apply in an Irish Court. The main difference is that detailed taxations are unknown. The parties are expected in general to agree the quantum of costs. If they fail to agree, the quantum is assessed by a Chamber on prin- ciples that appear to me to be similar to those of our Schedule II. I should also add that, in direct actions, the Court can also grant legal aid. One can sum up the role of the Court in the European Communities in the words of Article 164 of the EEC Treaty—(there are Articles in the same terms in the other two founding Treaties). Article 164 says : "The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed"". There you really have it all. European inte- gration is founded on the rule of law, and the Court is the central instrument to ensure that practical effect is given to that ideal.

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