1. Oral orders cannot constitute a valid legal basis for the payment of work not included in the written contract concluded between an institution of the Communities and a supplier since such orders are precluded, first, by Article 50(1) of the Financial Regulation and the General Terms and Conditions applicable to the contract in question, which expressly state that all changes to the contract must be made by an additional act subject to the same conditions as the contract and that oral agreements are not binding on the parties, and secondly by the contract itself.
2. The application instituting the proceedings must contain a summary of the pleas in law on which the application is based and specify the nature of those pleas. An abstract statement of the pleas in law does not satisfy the requirements of the Statute or the Rules of Procedure of the Court of Justice.
3. When the Court derives its competence from an arbitration clause contained in a public or private contract it cannot consider a plea in law, such as undue enrichment, with a non-contractual basis.
Citations:
C-330/88, [1991] EUECJ C-330/88
Links:
European
Updated: 23 May 2022; Ref: scu.134974
