Keywords
Summary

Keywords

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1. Appeals - Pleas in law - Mere repetition of the pleas in law and arguments submitted to the Court of First Instance - Inadmissible - Appeal dismissed

(EEC Treaty, Art. 168a; Statute of the Court of Justice of the EEC, Art. 51; CJ Rules of Procedure, Art. 112(1)(c))

2. Procedure - Application - Formal requirements - Summary of pleas in law on which the application is based - Not set out in the application - Reproduction of administrative complaint in the body of the application - Not sufficient

(EEC Statute of the Court of Justice, Art. 19; CFI Rules of Procedure, Art. 44(1)(c))

Summary

1. The combined effect of Article 168a of the Treaty, Article 51 of the EEC Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court of Justice is that an appeal must indicate precisely which elements it challenges in the judgment of the Court of First Instance that it seeks to have set aside, and also the legal arguments which specifically support the appeal.

That requirement is not satisfied by pleas in law which, while criticizing the examination made in substance by the Court of First Instance of the appellant' s claims as a whole, merely repeat or reproduce word for word the arguments previously submitted to the Court of First Instance, including those based on facts expressly dismissed by that court, without containing any legal argument in support of the forms of order sought in the appeal. Such pleas seek to obtain merely a re-examination of the application and reply submitted to the Court of First Instance, which is outside the jurisdiction of the Court of Justice.

2. Under Article 19 of the EEC Statute of the Court of Justice and Article 44(1)(c) of the Rules of Procedure of the Court of First Instance, every application must contain a summary of the pleas in law on which the application is based. Where there is no such statement, mere reproduction in the body of the application of the entire content of the administrative complaint does not satisfy that requirement.