2. The Court of First Instance shall not be competent to hear
and determine questions referred for a preliminary ruling under Article
41.
2. At the request of the Court of Justice and after consulting the
European Parliament and the Commission, the Council, acting
unanimously, shall determine the classes of action or proceeding
referred to in paragraph 1, and the composition of the Court of First
instance and shall adopt the necessary adjustments and additional
provisions to the Statute of the Court of Justice. Unless the Council
decides otherwise, the provisions of this Treaty relating to the Court of
Justice, in particular the provisions of the Protocol on the Statute of the
Court of Justice, shall apply to the Court of the First Instance.
3. The members of the Court of First instance shall be chosen from
persons whose independence is beyond doubt and who possess the
ability required for appointment to judicial office; they shall be
appointed by common accord of the governments of the Member
States for a term of six years. The membership shall be partially
renewed every three years. Retiring members shall be eligible for re-
appointment.
4. The Court of First Instance shall establish its rules of procedure in
agreement with the Court of Justice. Those rules shall require the
unanimous approval of the Council."
13) Article 33 shall be replaced by the following:
"ARTICLE 33
The Court of Justice shall have jurisdiction in actions brought by a
Member State or by the Council to have decisions or
recommendations of the Commission declared void on grounds of lack
of competence, infringement of an essential procedural requirement,
infringement of this Treaty or of any rule of law relating to its
application, or misuse of powers. The Court of Justice may not,
however, examine the evaluation of the situation, resulting from
economic facts or circumstances, in the light of which the Commission
took its decisions or made its recommendations, save where the
Commission is alleged to have misused its powers or to have
manifestly failed to observe the provisions of the Treaty or any rule of
law relating to its application.
Undertakings or associations referred to in Article 48 may, under the
same conditions, institute proceedings against decisions or
recommendations concerning them which are individual in character or
against general decisions or recommendations which they consider to
involve a misuse of powers affecting them.
T