This document is an excerpt from the EUR-Lex website
Document C2004/094/37
Case C-18/04 P: Appeal brought on 16 January 2004 by Mr G. Krikorian, Mrs S. Krikorian (née Tatoyan) and the Euro-Armenia Association against the order made on 17 December 2003 by the First Chamber of the Court of First Instance of the European Communities in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission and against the order made on 17 December 2003 by the President of the Court of First Instance in Case T-346/03 R G. Krikorian and Others v Parliament, Council and Commission between G. Krikorian and Others and the Parliament, the Council and the Commission of the European Communities
Case C-18/04 P: Appeal brought on 16 January 2004 by Mr G. Krikorian, Mrs S. Krikorian (née Tatoyan) and the Euro-Armenia Association against the order made on 17 December 2003 by the First Chamber of the Court of First Instance of the European Communities in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission and against the order made on 17 December 2003 by the President of the Court of First Instance in Case T-346/03 R G. Krikorian and Others v Parliament, Council and Commission between G. Krikorian and Others and the Parliament, the Council and the Commission of the European Communities
Case C-18/04 P: Appeal brought on 16 January 2004 by Mr G. Krikorian, Mrs S. Krikorian (née Tatoyan) and the Euro-Armenia Association against the order made on 17 December 2003 by the First Chamber of the Court of First Instance of the European Communities in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission and against the order made on 17 December 2003 by the President of the Court of First Instance in Case T-346/03 R G. Krikorian and Others v Parliament, Council and Commission between G. Krikorian and Others and the Parliament, the Council and the Commission of the European Communities
OB C 94, 17.4.2004, p. 18–18
(ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
17.4.2004 |
EN |
Official Journal of the European Union |
C 94/18 |
Appeal brought on 16 January 2004 by Mr G. Krikorian, Mrs S. Krikorian (née Tatoyan) and the Euro-Armenia Association against the order made on 17 December 2003 by the First Chamber of the Court of First Instance of the European Communities in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission and against the order made on 17 December 2003 by the President of the Court of First Instance in Case T-346/03 R G. Krikorian and Others v Parliament, Council and Commission between G. Krikorian and Others and the Parliament, the Council and the Commission of the European Communities
(Case C-18/04 P)
(2004/C 94/37)
An appeal against the order made on 17 December 2003 by the First Chamber of the Court of First Instance in Case T-346/03 (G. Krikorian and Others v Parliament, Council and Commission) and against the order made on 17 December 2003 by the President of the Court of First Instance in case T-346/03 R (G. Krikorian and Others v Parliament, Council and Commission) between G. Krikorian and Others and the Parliament, the Council and the Commission of the European Communities was brought before the Court of Justice of the European Communities on 16 January 2004 by Mr G. Krikorian, Mrs S. Krikorian (née Tatoyan) and the Euro-Armenia Association.
The appellants claim that the Court should:
1. |
set aside in its entirety the order made on 17 December 2003 and notified by registered letter received on 6 January 2004, by which the Court of First Instance of the European Communities (First Chamber), in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission, dismissed, pursuant to Article 111 of its Rules of Procedure, the appellants' action for damages on the ground that it was manifestly lacking any foundation in law; |
2. |
set aside in its entirety the order made on 17 December 2003 and notified by registered letter received on 6 January 2004, by which the President of the Court of First Instance, in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission, held that as a consequence there was no longer any need to adjudicate on the application for interim measures; |
3. |
allow all the forms of order claimed at first instance and, as a consequence:
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In the alternative,
Having set aside the two contested orders in their entirety:
4. |
refer the case back to the Court of First Instance for adjudication; |
5. |
hold that the Court of First Instance will be bound as regards any points of law decided by the Court of Justice and, in particular, as regards the binding legal force, for the defendant institutions, of the European Parliament's resolution of 18 June 1987, which gave rise to a legitimate expectation on the part of the appellants that the Community institutions would adhere to the terms of that resolution; |
In any event,
6. |
order the Community institutions jointly and severally to pay the costs. |
Pleas in law and main arguments
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Procedural irregularities which have prejudiced the appellants' interests:
|
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Infringement of Community law: in making the contested order, the Court of First Instance infringed the principles of the protection of legitimate expectations, of legal certainty and of acquired rights. |