Debates Parlamentares - Diário 023S1, p. 48 (2014-10-27)

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48 | II Série A - Número: 023S1 | 27 de Outubro de 2014

(5) Decisions shall be signed by the judges deciding the case, by the Registrar for decisions of the Court of Appeal, and by the Deputy-Registrar for decisions of the Court of First Instance. They shall be read in open court.

ARTICLE 36 Dissenting opinions

A dissenting opinion expressed separately by a judge of a panel in accordance with Article 78 of the Agreement shall be reasoned, given in writing and shall be signed by the judge expressing this opinion.

ARTICLE 37 Decision by default

(1) At the request of a party to an action, a decision by default may be given in accordance with the Rules of Procedure, where the other party, after having been served with a document instituting proceedings or with an equivalent document, fails to file written submissions in defence or fails to appear at the oral hearing. An objection may be lodged against that decision within one month of it being notified to the party against which the default decision has been given.
(2) The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.

ARTICLE 38 Questions referred to the Court of Justice of the European Union

(1) The procedures established by the Court of Justice of the European Union for referrals for preliminary rulings within the European Union shall apply.
(2) Whenever the Court of First Instance or the Court of Appeal has decided to refer to the Court of Justice of the European Union a question of interpretation of the Treaty on European Union or of the Treaty on the Functioning of the European Union or a question on the validity or interpretation of acts of the institutions of the European Union, it shall stay its proceedings.

ANNEX II

Distribution of cases within the central division1

LONDON Section PARIS Seat MUNICH Section President's Office (A) Human necessities (B) Performing operations, transporting (F) Mechanical engineering, lighting, heating, weapons, blasting (C) Chemistry, metallurgy (D) Textiles, paper (E) Fixed constructions (G) Physics (H) Electricity 1 The classification into 8 sections (A to H) is based on the International Patent Classification of the World Intellectual Property Organisation (http://www.wipo.int/classifications/ipc/en).

48 | II Série A - Número: 023S1 | 27 de Outubro de 2014(5) Decisions shall be signed by the judges deciding the case, by the Registrar for decisions of the Court of Appeal, and by the Deputy-Registrar for decisions of the Court of First Instance. They shall be read in open court.ARTICLE 36 Dissenting opinionsA dissenting opinion expressed separately by a judge of a panel in accordance with Article 78 of the Agreement shall be reasoned, given in writing and shall be signed by the judge expressing this opinion.ARTICLE 37 Decision by default(1) At the request of a party to an action, a decision by default may be given in accordance with the Rules of Procedure, where the other party, after having been served with a document instituting proceedings or with an equivalent document, fails to file written submissions in defence or fails to appear at the oral hearing. An objection may be lodged against that decision within one month of it being notified to the party against which the default decision has been given.
(2) The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.ARTICLE 38 Questions referred to the Court of Justice of the European Union(1) The procedures established by the Court of Justice of the European Union for referrals for preliminary rulings within the European Union shall apply.
(2) Whenever the Court of First Instance or the Court of Appeal has decided to refer to the Court of Justice of the European Union a question of interpretation of the Treaty on European Union or of the Treaty on the Functioning of the European Union or a question on the validity or interpretation of acts of the institutions of the European Union, it shall stay its proceedings.ANNEX IIDistribution of cases within the central division1LONDON Section PARIS Seat MUNICH Section President's Office (A) Human necessities (B) Performing operations, transporting (F) Mechanical engineering, lighting, heating, weapons, blasting (C) Chemistry, metallurgy (D) Textiles, paper (E) Fixed constructions (G) Physics (H) Electricity 1 The classification into 8 sections (A to H) is based on the International Patent Classification of the World Intellectual Property Organisation (http://www.wipo.int/classifications/ipc/en).

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