Act of Sederunt (Rules of the Court of Session Amendment No. 4) (References to the Court of Justice of the European Communities) 1999

Made: 28th April 1999

Coming into force: 1st May 1999

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988(¹ and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

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• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 4) (References to the Court of Justice of the European Communities) 1999 and shall come into force on 1st May 1999.

• (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session

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• (1) The Rules of the Court of Session 1994(² shall be amended in accordance with this paragraph.

• (2) In rule 62.18(1) (which defines certain expressions for the purposes of Part IV of Chapter 62), in paragraph (a) of the definition of “Community judgment”, for “187 or 192” substitute “244 or 256”.

• (3) In rule 65.1(1) (which defines certain expressions for the purposes of Chapter 65), in paragraph (a) of the definition of “reference”, for “177” substitute “234”.

• (4) In rule 65.2 (applications for reference to European Court), the words “in Form 65.2” shall cease to have effect.

• (5) In rule 65.3 (preparation of reference)–

• (a) after paragraph (1) insert–

(1A) Except in so far as the court may otherwise direct, a reference shall be prepared in accordance with Form 65.3. (1B) In preparing a reference, the parties shall have regard to the guidance set out in the annex to these Rules.

; and

• (b) in paragraph (2), for the words “at the sight of the court” substitute “and any adjustments required by the court have been made”.

• (6) In the appendix, for Form 65.2 there shall be substituted the form set out in Schedule 1 to this Act of Sederunt.

• (7) After the appendix there shall be added the annex set out in Schedule 2 to this Act of Sederunt.

Saving

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Nothing in this Act of Sederunt affects any reference made before the coming into force of this Act of Sederunt.

SCHEDULE 1 — REFERENCES TO THE EUROPEAN COURT: FORM

REQUEST for PRELIMINARY RULING of THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES from THE COURT OF SESSION IN SCOTLAND in the cause [A.B.] (designation and address) Pursuer [or Petitioner or Appellant] against [C.D.] (designation and address) Defender [or Respondent] [Here set out a clear and succinct statement of the case giving rise to the request for the ruling of the European Court in order to enable the European Court to consider and understand the issues of Community law raised and to enable governments of Member States and other interested parties to submit observations. The statement of the case should include: (a) particulars of the parties; (b) the history of the dispute between the parties; (c) the history of the proceedings; (d) the relevant facts as agreed by the parties or found by the court or, failing such agreement or finding, the contentions of the parties on such facts; (e) the nature of the issues of law and fact between the parties; (f) the Scots law, so far as is relevant; (g) the Treaty provisions or other acts, instruments or rules of Community law concerned; and (h) an explanation of why the reference is being made.] The preliminary ruling of the Court of Justice of the European Communities is accordingly requested on the following questions: 1, 2, etc. [Here set out the questions on which the ruling is sought, identifying the Treaty provisions or other acts, instruments or rules of Community law concerned.] Dated the day of 19.

SCHEDULE 2 — REFERENCES TO THE EUROPEAN COURT: GUIDANCE

Signed

Rodger of Earlsferry — Lord President I.P.D. — 28 April 1999.

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends rules 65.2 and 65.3 of the Rules of the Court of Session (which relate to the form and preparation of references to the Court of Justice of the European Communities).

The Act also substitutes for the existing Form 65.2 a new, more detailed version of the form. Parties using the new form are required to have regard to the Court of Justice’s guidance on the making of a reference (which is incorporated in the Rules as an annex).

The Act amends rule 62.18(1) in consequence of the renumbering of Articles 187 and 192 of the E.E.C. Treaty (now respectively Articles 244 and 256) effected by the Treaty of Amsterdam.

Footnotes