IP case law Court of Justice

Procedure before the Court of Justice

6 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 53 OF THE RULES OF PROCEDURE

1. Without prejudice to the special provisions laid down in the Statute or in
these Rules, the procedure before the Court shall consist of a written part
and an oral part.
2. Where it is clear that the Court has no jurisdiction to hear and determine a
case or where a request or an application is manifestly inadmissible, the
Court may, after hearing the Advocate General, at any time decide to give a
decision by reasoned order without taking further steps in the proceedings.

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 170a of the Rules of Procedure

1. In the situations referred to in the first and second paragraphs of Article
58a of the Statute, the appellant shall annex to the appeal a request that the
appeal be allowed to proceed, setting out the issue raised by the appeal that
is significant with respect to the unity, consistency or development of
European Union law and containing all the information necessary to enable
the Court of Justice to rule on that request. If there is no such request, the
Vice-President of the Court shall declare the appeal inadmissible.

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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