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24.2.2007 |
EN |
Official Journal of the European Union |
C 42/14 |
Appeal brought on 20 December 2006 by the Commission of the European Communities against the judgment of the Court of First Instance (First Chamber) delivered on 27 September 2006 in Case T-153/04 Ferriere Nord SpA v Commission of European Communities
(Case C-516/06 P)
(2007/C 42/23)
Language of the case: Italian
Parties
Appellant: Commission of the European Communities (represented by: V. Di Bucci and F. Amato, Agents)
Other party to the proceedings: Ferriere Nord SpA
Form of order sought
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The Court is asked to set aside the judgment appealed against in so far as it declares admissible the action for annulment brought by Ferriere Nord against the Commission's letter of 5 February 2004 and its fax of 13 April 2004; |
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declare inadmissible and accordingly dismiss the action for annulment brought by Ferriere Nord against the contested acts; |
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order Ferriere Nord to pay the costs of the proceedings, together with the costs of the proceedings at first instance. |
Pleas in law and main arguments
In so far as it declares admissible the action brought at first instance, the judgment of the Court of First Instance of 27 September 2006 in Case T-153/04 Commission of the European Communities v Ferriere Nord SpA infringes the first paragraph of Article 230 EC, read in conjunction with Article 249 EC, concerning the interpretation of the concept of an act against which proceedings can be brought, fails to state reasons or states incorrect reasons and is vitiated by a lack of jurisdiction on the part of the Court of First Instance.
The Court of First Instance did not demonstrate that the contested acts produced binding legal effects likely to affect the interests of the applicant at first instance, thereby bringing about a significant change in its legal position. The Court of First Instance also based its finding of admissibility on the assumption, also unsubstantiated, that a presumption of lawfulness attached to the acts contested at first instance. Lastly, the Court of First Instance exceeded the powers conferred on it by the Treaty.