on 6 January 1995.
ARTICLE 159
Apart from normal replacement, or death, the duties of a member of the
Commission shall end when he resigns or is compulsorily retired.
The vacancy thus caused shall be filled for the remainder of the
member's term of office by a new member appointed by common
accord of the governments of the Member States. The Council may,
acting unanimously, decide that such a vacancy need not be filled.
In the event of resignation, compulsory retirement or death, the
President shall be replaced for the remainder of his term of office. The
procedure laid down in Article 158(2) shall be applicable for the
replacement of the President.
Save in the case of compulsory retirement under Article 160, members
of the Commission shall remain in office until they have been
replaced.
ARTICLE 160
If any member of the Commission no longer fulfills the conditions
required for the performance of his duties or if he has been guilty of
serious misconduct, the Court of Justice may, on application by the
Council or the Commission, compulsorily retire him.
ARTICLE 161
The Commission may appoint a Vice-President or two Vice-Presidents
from among its members.
ARTICLE 162
1. The Council and the Commission shall consult each other and shall
settle by common accord their methods of co-operation.
2. The Commission shall adopt its rules of procedure so as to ensure
that both it and its departments operate in accordance with the
provisions of this Treaty. It shall ensure that these rules are
published.
ARTICLE 163
The Commission shall act by a majority of the number of members
provided for in Article 157.
A meeting of the Commission shall be valid only if the number of
members laid down in its rules of procedure is present."
49) Article 165 shall be replaced by the following:
"ARTICLE 165
The Court of Justice shall consist of thirteen judges.
The Court of Justice shall sit in plenary session. It may, however, form
chambers each consisting of three of five judges, either to undertake
certain preparatory inquiries or to adjudicate on particular categories
of cases in accordance with rules laid down for these purposes.
The Court of Justice shall sit in plenary session when a Member State
or a Community institution that is a party to the proceedings so
requests.
Should the Court of Justice so request, the Council may, acting
unanimously, increase the number of judges and make necessary
adjustments to the second and third para