e 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."
12) Article 143 shall be replaced by the following:
"ARTICLE 143
1. If the Court of Justice finds that a Member State has failed to fulfil an
obligation under this Treaty, the State shall be required to take the
necessary measures to comply with the judgment of the Court of
Justice.
2. If the Commission considers that the Member State concerned has
not taken such measures it shall, after giving that State the opportunity
to submit its observations, issue a reasoned opinion specifying the
points which the Member State concerned has not complied with the
judgment of the Court of Justice.
If the Member State concerned fails to take the necessary measures to
comply with the Court's judgment within the time-limit laid down by the
Commission, the latter may bring the case before the Court of Justice.
In so doing it shall specify the amount of the lump sum or penalty
payment to be paid by the Member State concerned which it considers
appropriate in the circumstances.
If the Court of Justice finds that the Member State concerned has not
complied with its judgment it may impose a lump sum or penalty
payment on it.
This procedure shall be without prejudice to Article 142."
13) Article 146 shall be replaced by the following:
"ARTICLE 146
The Court of Justice shall review the legality of acts of the Council and
of the Commission, other than recommendations and opinions, and of
acts of the European Parliament intended to produce legal effects vis-
a-vis third parties.
It shall for this purpose have jurisdiction in actions brought by a
Member State, the Council or the Commission on grounds of lack of
competence, infringement of this Treaty or of any rule of law relating to
its application, or misuse of powers.
The Court shall have jurisdiction under the same conditions in actions
brought by the European Parliament for the purpose of protecting its
prerogatives.
Any natural or legal person may, under the same conditions, institute
pro