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September 9, 2010 - Brussels: 1:10 PM

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Article 35
 
 Text of the act(Considered status of legislation: 1. April 2008)
Application
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 description and address of the signatory;
(c) the designation of the party against whom the application is made;
(d) the subject-matter of the proceedings and the form of order sought by the applicant;
(e) the pleas in law and the arguments of fact and law relied on;
(f) where appropriate, the nature of any evidence offered in support.
2. To the application there shall be annexed, where appropriate:
(a) the act of which annulment is sought;
(b) the complaint within the meaning of Article 90(2) of the Staff Regulations and the decision responding to the complaint together with the dates on which the complaint was submitted and the decision notified.
3. For the purposes of the proceedings, the application shall state:
- an address for service in the place where the Tribunal has its seat and the name of the person authorised to accept service;
- or any technical means of communication available to the Tribunal by which the applicant's representative agrees to accept service;
- or else both the methods of transmission of service referred to above.
4. If the application does not comply with the requirements referred to in paragraph 3, 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 that party's representative. By way of derogation from Article 99(1), 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 Tribunal has its seat.
5. The applicant's lawyer must lodge at the Registry a certificate that he is authorised to practise before a court of a Member State or of another State party to the Agreement on the European Economic Area.
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