number 1 - Centre d'études et de recherches européennes Robert ...

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Christian Pennera
1958, but grew only moderately after that, hitting the hundred mark at the end of
the sixties 19 .
On 4 March 1953 the Court drew up its Rules of Procedure which were based
partly on the model supplied by the International Court of Justice 20 . There was
confusion at the time about the languages of the new Europe, and the Court felt
bound to point out in its Rules that it had four official languages (Article 27).
It also determined the language which would govern all written and oral pleadings
in each case. However, the Court specified that "the language in which the
draft decision is drawn up shall be determined by the Court". In reality, from the
start French was chosen as the "working language" for all internal work, a practice
which has continued almost without exception until today 21 .
The Court’s Work under the AEGIS of the ECSC
In the early months the Court's role was not an onerous one. So true was this that,
when the registrar recorded the first cases which, unfortunately, were settled out of
court, champagne was drunk in celebration, so it is said. The serious business started
with proceedings initiated by France, followed a few days later by Italy, against
the decisions of the High Authority marking the start of a long series of cases referred
to today as the "scrap cases".
In its first two rulings, rendered on the same day 22 , the Court threw into sharp
relief a fundamental rule which was invariably to dictate the stance it took, namely,
that the treaty must be interpreted and applied in the light of its fundamental aims.
Indeed, Articles 2, 3 and 4 of the Treaty, which lay down its aims and means of
action, constituted "the fundamental provisions establishing the Common Market
and common objectives of the Community (...) the Treaty shall oblige the High
Authority to take into account all the aims" laid down therein in the definition, for
example, of practices which are not allowed.
In going about its affairs the High Authority was required to bear in mind, over
and beyond the immediate aims pursued, the Community's task and general objectives.
Apart from that, the Court called the High Authority to order : if a provision
in the Treaty applying to the High Authority used the verb "must", the High Autho-
19. Meanwhile, with accessions succeeding one another and a growing number of cases, these figures
have increased noticeably. The number of posts recorded in the Court's budget for 1994, including
the Court of First Instance which was added to the Court in October 1988, is well over eight hundred
persons.
20. Official Journal of the ECSC, 7.3.1953, p. 37 ; A. VAN HOUTTE, "La Cour de justice des Communautés
européennes, Organisation et procédure", Cahiers de droit européen, 1983, p. 3 and thereafter.
21. For language aspects see P. BERTELOOT, "Babylone à Luxembourg –,Jurilinguistique à la Cour
de justice", Europa Institut, Universität des Saarlandes, No. 136, 1988, 32 pp.
22. Cases 1/54 and 2/54, 21 December 1954, [1954 to 1956] ECR 1 and 37.