Functioning of the Court

Article 17

The Court shall remain permanently in session. The duration of the judicial vacations shall be determined by the Court with due regard to the needs of its business.

Composition of the Court

Article 18 ( * )

( * ) See note on p.129.

The Court shall sit in plenary session. It may, however, form chambers, each consisting of  three, five or seven Judges, either to undertake certain preparatory inquiries or to adjudicate  on particular categories of cases in accordance with rules laid down for these purposes. ( **. )

( ** ) First paragraph as amended by Article 18 AA A/FIN/SWE.

Decisions of the Court shall be valid only when an uneven number of its members is sitting in  the deliberations. Decisions of the fill Court shall be valid if nine members are sitting. Decisions of the chambers consisting of three or five Judges shall be valid only if three Judges  are sitting. Decisions of the chambers consisting of seven Judges shall be valid only if five  Judges are sitting. In the event of one of the Judges of a chamber being prevented from  attending, a Judge of another chamber may be called upon to sit in accordance with conditions  laid down in the Rules of Procedure. ( * )

( * ) Second paragraph as amended by Article 19 AA A/FIN/SWE.

Actions brought by States or by the Council shall in all cases be tried in plenary session.

Special rules

Article 19

No Judge or Advocate General may take part in the disposal of any case in which he has  previously taken part as agent or adviser or has acted for one of the parties, or on which he  has been called upon to pronounce as a member of a court or tribunal, of a commission of  inquiry or in any other capacity.

If, for some special reason, any Judge or Advocate General considers that he should not take  part in the judgment or examination of a particular case, he shall so inform the President. If,  for some special reason, the President considers that any Judge or Advocate General should  not sit or make submissions in a particular case, he shall notify him accordingly.

Any difficulty arising as to the application of this Article shall be settled by decision of the  Court.

A party may not apply for a change in the composition of the Court or of one of its chambers  on the grounds of either the nationality of a Judge or the absence from the Court or from the  chamber of a Judge of the nationality of that party.

<63>