TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY AND RELATED INSTRUMENTS (ECSC TREATY)


AMENDED BY:


Completed by 11986U004 Addition Article 32QUINTO

Completed by 11992MH/14 Addition Article 45A from 01/11/1993

Completed by 11992MH/14 Addition Article 45B from 01/11/1993

Completed by 11992MH/14 Addition Article 45C from 01/11/1993

Completed by 11992MH/19 Addition Article 78DECIMO from 01/11/1993

Completed by 11992MH/2 Addition Article 12A from 01/11/1993

Completed by 11992MH/9 Addition Article 27A from 01/11/1993

TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY

I - Text of the Treaty

Preamble

Title I - The European Coal and Steel Community

Title II - The institutions of the Community

Chapter 1: The Commission

Chapter 2: The European Parliament

Chapter 3: The Council

Chapter 4: The Court of Justice

Chapter 5: The Court of Auditors

Title III - Economic and social provisions

Chapter 1: General provisions

Chapter 2: Financial provisions

Chapter 3: Investment and financial aid

Chapter 4: Production

Chapter 5: Prices

Chapter 6: Agreements and concentrations

Chapter 7: Interference with conditions of competition

Chapter 8: Wages and movement of workers

Chapter 9: Transport

Chapter 10: Commercial policy

Title IV - General provisions

Annexes

Annex I: Definition of the expressions ‘coal' and ‘steel'

/* 151KN01 */

Annex II: Scrap

/* 151KN02 */

Annex III: Special steels

/* 151KN03 */


II - Protocols

Protocol on the Statute of the Court of Justice of the European Coal and Steel Community

/ * 151K/PRO/CJ * /

Title I - Judges

Title II - Organization

Title III - Procedure

Title IV - The Court of First Instance of the European Communities

Protocol on relations with the Council of Europe

/ * 151K/PRO/CEU * /

Protocol on the privilege and immunities of the European Coal and Steel Community

/ * 151K/PRO/PRI * /

III - Exchange of letters between the Government of the Federal Republic of Germany and the Government of the French Republic concerning the Saar

/ * 151K/ECL * /

IV - Convention on the Transitional Provisions

/ * 151K/CDT * /

Purpose of the Convention

Part One - Implementation of the Treaty

Chapter 1 - Setting up of the institutions of the Community

Chapter 2 - Establishment of the common market

Part Two - Relations between the Community and third countries

Chapter 1 - Negotiations with third countries

Chapter 2 - Exports

Chapter 3 - Exceptions from most favoured nation treatment

Chapter 4 - Liberalization of trade

Chapter 5 - Special provision


Part Three - General safeguards

Chapter 1 - General provisions

Chapter 2 - Special provisions for coal

Chapter 3 - Special provisions for the steel industry


V- Convention on certain institutions common to the European Communities

/ * 157K/CNV/COM * /

Section I : The Assembly

Section II : The Court Of Justice

Section III : The Economic and Social Committee

Section IV : The financing of these institutions

Final provisions



ARTICLE 1


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Article 1

The Court of Justice established by Article 7 of the Treaty shall be constituted and shall function in accordance with the provisions of this Treaty and of this Statute.


ARTICLE 2


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title I - Judges - Oath of office - Article 2

Before taking up his duties each Judge shall, in open court, take an oath to perform his duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.


ARTICLE 3


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title I - Judges - Privileges and immunities - Article 3

The Judges shall be immune from legal proceedings. After they have ceased to hold office, they shall continue to enjoy immunity in respect of acts performed by them in their official capacity, including words spoken or written.

The Court, sitting in plenary session, may waive the immunity.

Where immunity has been waived and criminal proceedings are instituted against a Judge, he shall be tried, in any of the Member States, only by the court competent to judge the members of the highest national judiciary.

(Fourth paragraph repealed by the second paragraph of Article 28 of the Merger Treaty)

[See Article 21 of the Protocol on the privileges and immunities of the European Communities, which reads as follows:

Articles 12 to 15 and Article 18 shall apply to the Judges, the Advocates General, the Registrar and the Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions of Article 3 of the Protocols on the Statute of the Court of Justice concerning immunity from legal proceedings of Judges and Advocates General.]


ARTICLE 4

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title I - Judges - Disqualifications - Article 4

The Judges may not hold any political or administrative office.

They may not engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the Council, acting by a two thirds majority.

They may not acquire or retain, directly or indirectly, any interest in any business related to coal and steel during their term of office and for three years after ceasing to hold office.


ARTICLE 5

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title I - Judges - Remuneration - Article 5

(Article repealed by Article 8(3)(a) of the Merger Treaty)

[See Article 6 of the Merger Treaty, which reads as follows:

The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions of the President, and Members of the Commission, and of the President, Judges, Advocates General and Registrar of the Court of Justice. It shall also, again by a qualified majority, determine any payment to be made instead of remuneration.]


ARTICLE 6


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title I - Judges - Termination of appointment - Article 6

Apart from normal replacement, the duties of a Judge shall end on his death or resignation.

Where a Judge resigns, his letter of resignation shall be addressed to the President of the Court for transmission to the President of the Council. Upon this notification a vacancy shall arise on the bench.

Save where Article 7 applies, a Judge shall continue to hold office until his successor takes up his duties.


ARTICLE 7


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title I - Judges - Termination of appointment - Article 7

A Judge may be deprived of his office only if, in the unanimous opinion of the other Judges, he no longer fulfils the requisite conditions.

The President of the Council, the President of the Commission and the President of the European Parliament shall be notified thereof by the Registrar.

A vacancy shall arise on the bench upon this notification.


ARTICLE 8


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title I - Judges - Termination of appointment - Article 8

A Judge who is to replace a member of the Court whose term of office has not expired shall be appointed for the remainder of his predecessor's term.


ARTICLE 9


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Article 9

The Judges, the Advocates General and the Registrar shall be required to reside at the place where the Court has its seat.


ARTICLE 10


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Article 10

The Court shall be assisted by two Advocates General and a Registrar.


ARTICLE 11


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Advocates General - Article 11

It shall be the duty of the Advocate General, acting with complete impartiality and independence, to make, in open court, oral and reasoned submissions on cases brought before the Court, in order to assist the Court in the performance of the task assigned to it in Article 31 of this Treaty.


ARTICLE 12


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Advocates General - Article 12*

* EDITORIAL NOTE:

Article 4(2)(b) of the Convention on Certain Institutions Common to the European Communities states:

‘The provisions of the Protocol on the Statute of the Court of Justice annexed to the Treaty establishing the European Coal and Steel Community, in so far as they are in conflict with Articles 32 to 32c of that Treaty, shall be repealed.'


The Advocates General shall be appointed for a term of six years in the same manner as the Judges. Every three years there shall be a partial replacement. The Advocate General whose term of office is to expire at the end of the first three years shall be chosen by lot. The provisions of the third and fourth paragraphs of Article 32 of this Treaty** and the provisions of Article 6 of this Statute shall apply to the Advocates General.

** EDITORIAL NOTE:

Since the new version of Article 32 of the Treaty establishing the European Coal and Steel Community this reference is no longer accurate; see Articles 32a and 32b of this Treaty.


ARTICLE 13


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Advocates General - Article 13

The provisions of Articles 2 to 5 and of Article 8 shall apply to the Advocates General.

An Advocate General may be deprived of his office only if he no longer fulfils the requisite conditions. The decision shall be taken by the Council, acting unanimously, after the Court has delivered its opinion.


ARTICLE 14


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Registrar - Article 14

The Court shall appoint its Registrar and lay down the rules governing his service, account being taken of the provisions of Article 15. The Registrar shall take an oath before the Court to perform his duties impartially and conscientiously and preserve the secrecy of the deliberations of the Court.

(Second paragraph repealed by the second paragraph of Article 28 of the Merger Treaty)

[See Article 21 of the Protocol on the privileges and immunities of the European Communities, which reads as follows:

Articles 12 to 15 and Article 18 shall apply to the Judges, the Advocates General, the Registrar and the Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions of Article 3 of the Protocols on the Statute of the Court of Justice concerning immunity from legal proceedings of Judges and Advocates General.]


ARTICLE 15


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Registrar - Article 15

(Article repealed by Article 8(3)(a) of the Merger Treaty)

[See Article 6 of the Merger Treaty, which reads as follows:

The Council shall, acting by a qualifed majority, determine the salaries, allowances and pensions of the President and Members of the Commission, and of the President, Judges, Advocates General and Registrar of the Court of Justice. It shall also, again by a qualified majority, determine any payment to be made instead of remuneration.]


ARTICLE 16


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Staff of the Court - Article 16*

* As amended by Article 8(3)(b) of the Merger Treaty


1. Officials and other servants shall be attached to the Court to enable it to function. They shall be responsible to the Registrar under the authority of the President.

2. On a proposal from the Court, the Council may, acting unanimously, provide for the appointment of Assistant Rapporteurs and lay down the rules governing their service. The Assistant Rapporteurs may be required, under conditions laid down in the Rules of Procedure, to participate in preparatory inquiries in cases pending before the Court and to cooperate with the Judge who acts as Rapporteur.

The Assistant Rapporteurs shall be chosen from persons whose independence is beyond doubt and who possess the necessary legal qualifications; they shall be appointed by the Council. They shall take an oath before the Court to perform their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.


ARTICLE 17


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Functioning of the Court - Article 17

The Court shall remain permanently in session. The duration of the judicial vacations shall be determined by the Court with due regard to the needs of its business.


ARTICLE 18


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Composition of the Court - Article 18*

* EDITORIAL NOTE:

Article 4(2)(b) of the Convention on Certain Institutions Common to the European Communities states:

‘The provisions of the Protocol on the Statute of the Court of Justice annexed to the Treaty establishing the European Coal and Steel Community, in so far as they are in conflict with Articles 32 to 32c of that Treaty, shall be repealed.'


The Court shall sit in plenary session. It may, however, form chambers, each consisting of three, five or seven Judges, either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance with rules laid down for these purposes.**

** First paragraph as amended by Article 18 AA A/FIN/SWE.


Decisions of the Court shall be valid only when an uneven number of its members is sitting in the deliberations. Decisions of the full Court shall bevalid if nine members are sitting. Decisions of the chambers consisting of three or five Judges shall be valid only if three Judges are sitting. Decisions of the chambers consisting of seven Judges shall be valid only if five Judges are sitting. In the event of one of the Judges of a chamber being prevented from attending, a Judge of another chamber may be called upon to sit in accordance with conditions laid down in the Rules of Procedure. *

* Second paragraph as amended by Article 19 AA A/FIN/SWE.


Actions brought by States or by the Council shall in all cases be tried in plenary session.


ARTICLE 19


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Special rules - Article 19

No Judge or Advocate General may take part in the disposal of any case in which he has previously taken part as agent or adviser or has acted for one of the parties, or on which he has been called upon to pronounce as a member of a court or tribunal, of a commission of inquiry or in any other capacity.

If, for some special reason, any Judge or Advocate General considers that he should not take part in the judgment or examination of a particular case, he shall so inform the President. If, for some special reason, the President considers that any Judge or Advocate General should not sit or make submissions in a particular case, he shall notify him accordingly.

Any difficulty arising as to the application of this Article shall be settled by decision of the Court.

A party may not apply for a change in the composition of the Court or of one of its chambers on the grounds of either the nationality of a Judge or the absence from the Court or from the chamber of a Judge of the nationality of that party.


ARTICLE 20


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title III - Procedure - Representation of and assistance to the parties - Article 20

The States and the institutions of the Community shall be represented before the Court by an agent appointed for each case; the agent may be assisted by a lawyer entitled to practise before a court of a Member State.

Undertakings and all other natural or legal persons must be assisted by a lawyer entitled to practise before a court of a Member State.

Such agents and lawyers shall, when they appear before the Court, enjoy the rights and immunities necessary to the independent exercise of their duties under conditions laid down in rules drawn up by the Court and submitted for the approval of the Council, acting unanimously.*

Third paragraph as amended by Article 8(3)(c) of the Merger Treaty.


As regards such lawyers who appear before it, the Court shall have the powers normally accorded to courts of law, under conditions laid down in those rules.

University teachers being nationals of a Member State whose law accords them a right of audience shall have the same rights before the Court as are accorded by this Article to lawyers entitled to practise before a court of a Member State.


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ARTICLE 44


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Rules concerning the Members of the Court of First Instance and its organization - Article 44

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


Articles 2, 3, 4, 6 to 9, the first paragraph of Article 13, Article 17, the second paragraph of Article 18 and Article 19 of this Statue shall apply to the Court of First Instance and its Members. The oath referred to in Article 2 shall be taken before the Court of Justice and the decisions referred to in Articles 3, 4 and 7 shall be adopted by that Court after hearing the Court of First Instance.

ARTICLE 45

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Registrar and staff - Article 45

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


The Court of First Instance shall appoint its Registrar and lay down the rules governing his service. Articles 9 and 14 of this Statue shall apply to the Registrar of the Court of First Instance mutatis mutandis.

The President of the Court of Justice and the President of the Court of First Instance shall determine, by common accord, the conditions under which officials and other servants attached to the Court of Justice shall rendertheir services to the Court of First Instance to enable it to function. Certain officials or other servants shall be responsible to the Registrar of the Court of First Instance under the authority of the President of the Court of First Instance.


ARTICLE 46

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Procedure before the Court of First Instance - Article 46

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


The procedure before the Court of First Instance shall be governed by Title III of this Statute, with the exception of Articles 41 and 42.

Such further and more detailed provisions as may be necessary shall be laid down in the Rules of Procedure established in accordance with Article 32d(4) of this Treaty.

Notwithstanding the fourth paragraph of Article 21 of this Statute, the Advocate General may make his reasoned submissions in writing.


ARTICLE 47


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Procedure before the Court of First Instance - Article 47

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


Where an application or other procedural document addressed to the Court of First Instance is lodged by mistake with the Registrar of the Court of Justice it shall be transmitted immediately by that Registrar to the Registrar of the Court of First Instance; likewise, where an application or other procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the Court of First Instance, it shall be transmitted immediately by that Registrar to the Registrar of the Court of Justice.

Where the Court of First Instance finds that it does not have jurisdiction to hear and determine an action in respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice; likewise, where the Court of Justice finds that an action falls within the jurisdiction of the Court of First Instance, it shall refer that action to the Court of First Instance, whereupon that Court may not decline jurisdiction.

Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after hearing the parties, stay the proceedings before it until such time as the Court of Justice shall have delivered judgment. Where applications are made for the same act to be declared void, the Court of First Instance may also decline jurisdiction in order that the Court of Justice may rule on such applications. In the cases referred to in this subparagraph, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the Court of First Instance shall continue.



ARTICLE 48


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Procedure before the Court of First Instance - Article 48

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


Final decisions of the Court of First Instance, decisions disposing of the substantive issues in part only, or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall be notified by the Registrar of the Court of First Instance to all parties as well as all Member States and the Community institutions even if they did not intervene in the case before the Court of First Instance.


ARTICLE 49


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Appeals to the Court of Justice - Article 49

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


An appeal may be brought before the Court of Justice, within two months of the notification of the decision appealed against, against final decisions of the Court of First Instance and decisions of that Court disposing of the substantive issues in part only, or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility.

Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions. However, interveners other than theMember States and the Community institutions may bring such an appeal only where the decision of the Court of First Instance directly affects them.

With the exception of cases relating to disputes between the Community and its servants, an appeal may also be brought by Member States and Community institutions which did not intervene in the proceedings before the Court of First Instance. Such Member States and institutions shall be in the same position as Member States or institutions which intervened at first instance.

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ARTICLE 51


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Appeals to the Court of Justice - Article 51

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


An appeal to the Court of Justice shall be limited to points of law. It shall lie on the grounds of lack of competence of the Court of First Instance, a breach of procedure before it which adversely affects the interests of the appellant as well as the infringement of Community law by the Court of First Instance.

No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.


ARTICLE 52

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Procedure before the Court - Article 52

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


Where an appeal is brought against a decision of the Court of First Instance, the procedure before the Court of Justice shall consist of a written part and an oral part. In accordance with conditions laid down in the Rules of Procedure the Court of Justice, having heard the Advocate General and the parties, may dispense with the oral procedure.


ARTICLE 54


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Decision of the Court of Appeal - Article 54

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


If the appeal is well founded, the Court of Justice shall quash the decision of the Court of First Instance. It may itself give final judgment in the matter, where the state of the proceedings so permits, or refer the case back to the Court of First Instance for judgment.

Where a case is referred back to the Court of First Instance, that Court shall be bound by the decision of the Court of Justice on points of law.

When an appeal brought by a Member State or a Community institution, which did not intervene in the proceedings before the Court of First Instance, is well founded the Court of Justice may, if it considers this necessary, state which of the effects of the decision of the Court of First Instance which has been quashed shall be considered as definitive in respect of the parties to the litigation.


ARTICLE 55


Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Rules of Procedure - Article 55

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).


The Court of Justice shall adopt its Rules of Procedure. These shall require the unanimous approval of the Council. The Rules of Procedure shall contain all the provisions necessary for applying and, where required, supplementing this Statute.



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