Keywords
Summary

Keywords

Procedure – Intervention – Interested parties – Representative association the object of which is to protect the interests of its members – Admissibility in cases raising questions of principle liable to affect those members

(Statute of the Court of Justice, Arts 40, second para., and 53, first para.)

Summary

Under the second paragraph of Article 40 of the Statute of the Court of Justice, which is applicable to the Court of First Instance pursuant to the first paragraph of Article 53 of that statute, the right to intervene in cases before the Court is open to representative associations which have as their object the protection of their members’ interests in cases raising questions of principle liable to affect those members. More specifically, an association may be granted leave to intervene if it represents an appreciable number of undertakings active in the sector concerned; if its objects include that of protecting its members’ interests; if the case may raise questions of principle affecting the functioning of the sector concerned; and if the interests of its members may therefore be affected to an appreciable extent by the forthcoming judgment.

An association does not meet these criteria if its objective is merely to promote exchanges of information and contact between its members and to organise conferences intended to facilitate the study of certain areas of law.

(see paras 17-20)