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September 5, 2010 - Brussels: 4:02 PM

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Article 44 (1)(2)(6)(7)
 
 Text of the act(Considered status of legislation: 1. April 2008)
1. An application of the kind referred to in Article 21 of the Statute of the Court of Justice shall state:
(a) the name and address of the applicant;
(b) the designation of the party against whom the application is made;
(c) the subject-matter of the proceedings and a summary of the pleas in law on which the application is based;
(d) the form of order sought by the applicant;
(e) where appropriate, the nature of any evidence offered in support.
2. For the purposes of the proceedings, the application shall state an address for service in the place where the Court of First Instance has its seat and the name of the person who is authorised and has expressed willingness to accept service.
In addition to or instead of specifying an address for service as referred to in the first subparagraph, the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication.
If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purposes of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from the first paragraph of Article 100, service shall then be deemed to have been duly effected by the lodging of the registered letter at the post office of the place where the Court of First Instance has its seat.
3. The lawyer acting for a party must lodge at the Registry a certificate that he is authorised to practise before a Court of a Member State or of another State which is a party to the EEA Agreement.
4. The application shall be accompanied, where appropriate, by the documents specified in the second paragraph of Article 21 of the Statute of the Court of Justice.
5. An application made by a legal person governed by private law shall be accompanied
by:
(a) the instrument or instruments constituting and regulating that legal person or a recent extract from the register of companies, firms or associations or any other proof of its existence in law;
(b) proof that the authority granted to the applicant's lawyer has been properly conferred on him by someone authorised for the purpose.
5a. An application submitted under Article 238 of the EC Treaty, Article 42 of the ECSC Treaty or Article 153 of the EAEC Treaty pursuant to an arbitration clause contained in a contract governed by public or private law, entered into by the Community or on its behalf, shall be accompanied by a copy of the contract which contains that clause.
6. If an application does not comply with the requirements set out in paragraphs 3 to 5 of this Article, the Registrar shall prescribe a reasonable period within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court of First Instance shall decide whether the non-compliance with these conditions renders the application formally inadmissible.
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