Summary
Keywords
Procedure - Application initiating proceedings - Procedural requirements - Identification of the subject-matter of the proceedings - Brief statement of the grounds relied on - Application seeking compensation for damage caused by a Community institution
(EC Statute of the Court of Justice, Art. 19; Rules of Procedure of the Court of First Instance, Art. 44(1)(c))
Summary
Under Article 19 of the Statute of the Court of Justice and Article 44(1)(c) of the Rules of Procedure of the Court of First Instance, all applications must indicate the subject-matter of the proceedings and include a brief statement of the grounds relied on. The information given must be sufficiently clear and precise to enable the defendant to prepare its defence and the Court of First Instance to decide the case, if appropriate without other information. In order to ensure legal certainty and the sound administration of justice, if an action is to be admissible the essential facts and law on which it is based must be apparent from the text of the application itself, even if only stated briefly, provided the statement is coherent and comprehensible.
In order to satisfy those requirements, an application seeking compensation for damage caused by a Community institution must state the evidence from which the conduct alleged against the institution can be identified, the reasons for which the applicant considers that there is a causal link between the conduct and the damage it claims to have suffered, and the nature and extent of that damage.
Although, in special circumstances, it is not essential to specify the exact extent of the damage in the application and to state the amount of compensation sought, the applicant must establish, or at least indicate, the existence of any such circumstances in the application.
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