We previously reported that the European Court of Justice had approved a proposal from the General Court (the first instance court in Luxembourg) to enable the EU institutions to rely on undisclosed evidence in actions for annulment, in particular in sanctions cases, and that the new draft of the General Court was before the Council of the European Union for approval.
Reports today (see e.g. Wall Street Journal) suggest that these new rules of court are about to be approved by EU Member States, and were approved on 11 December 2014 by “senior officials from EU governments”. The latest version of the new draft rules is here.
According to the Laurence Norman of the WSJ, “the changes were initially due to be agreed next Tuesday, but the U.K. has asked for more time, according to the officials, citing reservations about the proposal. “We recognize the value of this kind of procedure. But it will be important to ensure that adequate safeguards are in place for confidential information shared with the court,” a U.K. diplomat said.”