This document is an excerpt from the EUR-Lex website
Document 62021CO0546
Order of the Court (Second Chamber) of 15 February 2023.
Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v European Parliament.
Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of parties in direct actions before the Courts of the European Union – Lawyer representing the applicant as a third party – Requirement of independence – Lawyer practicing in the same firm as the applicant’s president.
Case C-546/21 P.
Order of the Court (Second Chamber) of 15 February 2023.
Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v European Parliament.
Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of parties in direct actions before the Courts of the European Union – Lawyer representing the applicant as a third party – Requirement of independence – Lawyer practicing in the same firm as the applicant’s president.
Case C-546/21 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2023:123
Order of the Court (Second Chamber) of 15 February 2023 –
Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
(Case C‑546/21 P)
(Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of parties in direct actions before the Courts of the European Union – Lawyer representing the applicant as a third party – Requirement of independence – Lawyer practicing in the same firm as the applicant’s president)
Judicial proceedings – Application initiating proceedings – Formal requirements – Conditions relating to a signatory – Status of a third party in relation to the parties – Applicant represented by a lawyer providing legal services in the legal department of that party and collaborating with the president of that party in the same law firm – Non-compliance with the requirement of independence – Absence
(Statute of the Court of Justice, Article 19, third para.; Rules of Procedure of the General Court, Article 51(1))
(see paragraphs 29-43)
Operative part
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1. |
The order of the General Court of the European Union of 5 July 2021, Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament (T‑42/21, not published, EU:T:2021:481) is set aside. |
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2. |
Case T‑42/21 is referred back to the General Court of the European Union. |
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3. |
The costs are reserved. |