COURT OF FIRST INSTANCE

Court of First Instance judgment in Case T-7/89, Hercules Chemicals v. Commission [1991] ECR II-1711, paragraph 54.

Court of First Instance of the European Communities

Court of First Instance judgments in Cases T-30/91, Solvay v. Commission, T-36/91, ICI v. Commission, and T-37/91, ICI v. Commission [1995] ECR II-1775, II-1847 and II-1901.

Court of First Instance judgment of 4 July 2002, case T-340/99 Arne Mathisen AS v Council.

Court of First Instance of the European Communities Amendments to the rules of procedure of the Court of First Instance of the European Communities to enable it to give Decisions in ceses when constituted by a single judge of 17 May 1999

Court of First Instance judgment in Case T-7/89, Hercules Chemicals v. Commission [1991] ECR II-1711, paragraph 54.

Court of First Instance judgments in Cases T-30/91, Solvay v. Commission, T-36/91, ICI v. Commission, and T-37/91, ICI v. Commission [1995] ECR II-1775, II-1847 and II-1901.

EC Court of First Instance

PROCEDURE BEFORE THE COURT OF FIRST INSTANCE

A) Procedure Before the Court of First Instance

The decision of the revising court shall be send by medium of the court of second instance to the court of first instance.

The court of second instance shall be bound by rendition of a judgment to modify the judgment of the court of first instance:

(1) The court of first instance shall adjudicate after the main hearing.

The court of first instance shall serve a copy of the replication on the appellant.

dismiss the appeal as unfounded and affirm the decree of the court of first instance;

If the court of second instance establishes that a severe violation of civil procedure provisions (Article 339) has occurred, it shall set aside the judgment of first instance by a decree and remand the case to the same court of first instance or to a competent court of first instance for a new main hearing.

(1) The Supreme Court shall, with a resolution, annul the ruling of the court of first instance and reject the lawsuit if, in the procedure before the court of first instance, the provision of the first paragraph of Article 36 of this Act was violated.

(1) The Supreme Court shall, with a resolution, annul the ruling of the court of first instance and reject the lawsuit if, in the procedure before the court of first instance, the provision of the first paragraph of Article 34 of this Law was violated.

on establishing, on the basis of hearing of second instance, that the state of facts is not such as have been determined by the court of first instance;

(2) The Supreme Court shall, with a ruling, annul the ruling of the court of first instance and remove the administrative act if, in the procedure before the court of first instance, the provision of Article 37 of this Act was violated.

(2) The Supreme Court shall, with a ruling, annul the ruling of the court of first instance and remove the administrative act if, in the procedure before the court of first instance, the provision of Article 35 of this Law was violated.

The court of second instance shall pass a decree rejecting the appeal as belated, incomplete or inadmissible if the court of first instance has failed to do so beforehand (Article 343).

A revision may always be filed against a decree by which the court of second instance has rejected the appeal, or affirmed the judgment of the court of first instance rejecting the revision.

The court of first instance shall be bound to carry out all acts of procedure and to determine all questions in dispute which have been pointed out in the decree of the court of second instance.

(2) When necessary, the chairman of the panel of the court of first instance shall, alone or at the request of the judge rapporteur of the court of second instance, test the truth of the plaintiff's statements.

The Conference notes that Article I-6 reflects existing case law of the Court of Justice of the European Communities and of the Court of First Instance.

The same shall apply to such judgments under this Agreement by the Court of Justice of the European Communities, the Court of First Instance of the European Communities and the EFTA Court.

(e) In the third indent of Article 7(1), the phrase "Court of Justice of the European Communities or of the Court of First Instance" shall be replaced by "Court of Justice of the European Union".

If the appeal is affected also by other shortcomings regarding the content, the court of first instance shall send it up the court of second instance without requesting the appellant to supplement or correct it.

After the receipt of a replication or after expiration of the time period to submit replication, the court of first instance shall send the appeal and the replication, if submitted, up to the court of second instance.

The Supreme Court may not change the ruling of the court of first instance to the detriment of the party who appealed if that party is the only one to appeal.

The decision of the court of second instance on the lack of subject matter jurisdiction of the court of first instance shall be bind every court to which the case may subsequently be transferred, provided that upon issuance of such decision the court of second instance had power to decide upon the jurisdictional dispute between both courts concerned.

In conference or upon a hearing, the court of second instance may reject the appeal as belated, incomplete or inadmissible, or dismiss it as unfounded and affirm the judgment of the court of first instance, or set aside that judgment and remand the case to the court below for reconsideration, or modify judgment render in first instance.

At all times during the proceedings before the court of first instance, the parties may conclude settlement concerning the matter in dispute (Court settlement).

The Supreme Court shall, with a resolution, annul the ruling of the court of first instance if it establishes that an essential violation of provisions on administrative dispute procedures has been committed, and shall return the case to the same court of first instance for a repeat procedure.

(1) lf in a case from the preceding article the Supreme Court only conducts the main hearing and establishes facts which are different to those established in the ruling of first instance, it shall, with a ruling, change the ruling of the court of first instance.

If the erroneous and/or incomplete determination of the state of facts is due to violation of substantive law and if, therefore, the attacked judgment cannot be modified, the revising court shall by a decree grant to the revision and set aside, in whole or in part, the judgments of the courts of first and second instance, or only the judgment of the court of second instance, or only the judgment of the court of first instance, and remand the case for rehearing to the court of first or of second instance.

Except as otherwise provided for in Articles 347 an 348 of the present Act, the provisions governing the main hearing before the court of first instance shall apply, as appropriate, to the proceedings before the court of second instance.

If the judgment of first instance is appealed against solely on the ground that the court of first instance has failed to determine all disputed claims, such appeal shall be considered as a motion to supplement the judgment.

The decision which the court of second instance has issued upon the appeal against the decision the court of first instance on the lack of jurisdiction shall bind the court to which the case is referred in respect of the jurisdiction, provided that upon issuance of such decision the court of second instance had power to decide on the jurisdictional dispute between both courts concerned.

If the appellant fails to comply with this decree, the court of first instance shall pass a decree rejecting the appeal as incomplete.

Those fees and costs which have been paid from funds of the court shall be collected, by virtue of office, by the court of first instance from the party who is obliged to pay them.

If the revising court establishes a severe violation of the civil procedure provisions referred to in the first and second paragraph of Article 339 on the ground of which a revision may be lodged, except of those stated in the second and third paragraphs of the present Article, it shall by a decree set aside, in whole or in part, the judgments of the court of second instance and of the court of first instance, or only the judgment of the court of second instance, and remand the case for reconsideration to the same or a different panel of the court of first or of second instance, or to some other competent court.

The decree under Article 403 of the present Act shall be rendered by the judge presiding the panel of the court of first instance, except when by the time the revision is received by the court of first instance the case concerning the motion to reopen the proceedings has already been sent into decision of the high court (first paragraph of Article 401);

if it establishes that the contested administrative acts are void, and the court of first instance rejected the lawsuit as unsubstantiated.

on finding that the court of first instance has misjudged the documents or circumstantial evidence upon which the attacked judgment is based;

The parties may take an appeal from decree rendered by the court of first instance, unless the present Act contains provisions to the contrary.

The court of second instance shall by a judgment dismiss the appeal as unfounded and affirm the judgment of the court of first instance if it establishes that grounds for appeal are lacking and that no violation has occurred which is to be inquired into by virtue of office.