ECJ 1. It follows from Article 112(1)(c) of the Rules of Procedure of the Court that an appeal which merely reiterates the pleas in law and arguments put forward at first instance in fact constitutes a request for re-examination of the application bought before the Court of First Instance, a matter which falls outside the jurisdiction of the Court of Justice, thus rendering those pleas and arguments inadmissible. 2. An appeal may not be based on pleas in law which the appellant expressly withdrew in the proceedings before the Court of First Instance or pleas declared inadmissible by that Court, where the finding that they are inadmissible is not itself contested. 3. Under Article 168a of the Treaty and the first paragraph of Article 51 of the Statute of the Court of Justice, an appeal may be based only on pleas as to the infringement by the Court of First Instance of rules of law, to the exclusion of any appraisal of the facts. A fresh assessment of the facts thus falls outside the jurisdiction of the Court of Justice. A plea which merely challenges the assessment of the facts made by the Court of First Instance is therefore inadmissible.
Citations:
C-354/92, [1993] EUECJ C-354/92P
Links:
European, Litigation Practice
Updated: 03 June 2022; Ref: scu.160985
