IP case law Court of Justice

Procedure before the Court of Justice

4 categories

New plea in law

It follows from the Court’s settled case-law that to allow a party to put forward for the first time before the Court of Justice, in an appeal, a plea in law which it has not raised before the General Court would be to allow it to bring before the Court, the appellate jurisdiction of which is limited, a dispute of wider ambit than that which came before the General Court.

Article 168 of the Rules of Procedure

1. An appeal shall contain:
(a) the name and address of the appellant;
(b) a reference to the decision of the General Court appealed against;
(c) the names of the other parties to the relevant case before the General Court;
(d) the pleas in law and legal arguments relied on, and a summary of those pleas in law;
(e) the form of order sought by the appellant.

Article 169 of the Rules of Procedure

1. An appeal shall seek to have set aside, in whole or in part, the decision of the General Court as set out in the operative part of that decision.
2. The pleas in law and legal arguments relied on shall identify precisely those points in the grounds of the decision of the General Court which are contested

Article 181 of the Rules of Procedure

Where the appeal or cross-appeal is, in whole or in part, manifestly inadmissible or manifestly unfounded, the Court may at any time, acting on a proposal from the Judge-Rapporteur and after hearing the Advocate General, decide by reasoned order to dismiss that appeal or cross-appeal in whole or in part.



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