The attention of the Judicial Commission was drawn to issues relating to the use of names at the rank of class, subclass and order and the nomenclatural type of names at the rank of class and subclass that were not covered by Opinion 79. The Judicial Commission ruled that names at the rank of class and order proposed by Cavalier-Smith (Int. J. Syst. Evol. Microbiol., 52, 7-76, 2002) are to be placed on the List of Rejected Names (nomina rejicienda) and the use of names proposed in that publication above the rank of class is to be actively discouraged. In addition a list of names at the rank of class, subclass and order is given where the nomenclatural type, description or circumscription is unclear or where they otherwise appear to be not in accordance with the Rules of the International Code of Nomenclature of Bacteria.