13. What are the contents of a claim or complaint presented before the EACJ?
A claim or complaint should include:
(a) A Reference:
A Reference by a Partner State, the Secretary General, or a legal or natural
person (under Articles 28, 29 and 30 of the Treaty) is instituted by lodging in
the Court a statement of reference.
(b) A Statement of Reference must contain the following:
x
The designation, name, address and (where applicable) the residence of both
the Applicant and Respondent(s);
x
The subject-matter of the reference and a summary of the points of law on
which the application is based;
x
Where appropriate, the nature of any supporting evidence offered; and
x
The relief (i.e. remedy) sought by the Applicant [Rule 24(1) & (2)].
x
Where the Reference:
-
seeks annulment of an Act, regulation, directive, decision or action
of a Partner State, the application must be accompanied by
documentary evidence of the same [Rule 24(3)];
-
is made by a body corporate, the application should be
accompanied by documentary evidence of its existence in law
[Rule 24(4].
The Applicant serves on every Respondent named in the Reference and on the
Secretary General a notice of the Reference and a copy of the application [Rule
24(5)].
14. What are the contents of a Claim between the Community and its
Employees?
A dispute between the Community and its Employees under Article 31 of the Treaty
is instituted by presenting to the First Instance Division a statement of claim.
The statement must contain:
x
x
x
the name, designation, address and where applicable residence of both the
Claimant and the Respondent(s);
a concise statement of facts on which the claim is based and of the applicable
law;
the order (i.e. relief or remedy) sought [Rule 25].
7