Article 12

Immediately after all members of the Court of First Instance have taken oath, the President of the Council shall proceed to choose by lot the members of the Court of First Instance whose terms of office are to expire at the end of the first three years in accordance with Article 32d (3) of the ECSC Treaty, Article 168a (3) of the EEC Treaty, and Article l40a (3) of the EAEC Treaty.

Article 13

This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities, with the exception of Article 3, which shall enter into force on the date of the publication in the Official Journal of the European Communities of the ruling by the President of the Court of Justice that the Court of First Instance has been constituted in accordance with law.

Article 14

Cases referred to in Article 3 of which the Court of Justice is seised on the date on which that Article enters into force but in which the preliminary report provided for in Article 44 (1) of the Rules of Procedure of the Court of Justice has not yet been presented shall be referred back to the Court of First Instance.

Done at Luxembourg, 24 October 1988.

For the Council
The President
Th. PANGALOS

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