Summary
Keywords
1 Actions for annulment - Actionable measures - Provision of the Treaty establishing the European Community - Not an actionable measure
(Rules of Procedure of the Court of First Instance, Art. 44(1)(c))
2 Procedure - Application initiating proceedings - Procedural requirements - Subject-matter of the dispute to be indicated - Pleas in law relied upon to be briefly stated
(Rules of Procedure of the Court of First Instance, Art. 44(1)(c))
Summary
1 A Treaty provision is not an act of a Community institution within the meaning of Article 4 of the Treaty (now Article 7 EC) or Article 173 thereof (now, after amendment, Article 230 EC); consequently, the Court has no jurisdiction to annul it.
2 Pursuant to Article 44(1)(c) of the Rules of Procedure of the Court of First Instance, an application must state the subject-matter of the proceedings and a summary of the pleas in law on which it is based. That statement must be sufficiently clear and precise to enable the defendants to prepare their defence and the Court to adjudicate on the action, where necessary without any other supporting information. In order to ensure legal certainty and the sound administration of justice, for an action to be admissible, the essential matters of fact and law on which it is based must be indicated, at least in summary form, coherently and intelligibly in the application itself.
Full & Egal Universal Law Academy