(Procedure – Interpretation of an order – Conditions for the admissibility of the application)

Application: brought under Article 129 of the Rules of Procedure of the Court of First Instance, applicable mutatis mutandis to the Civil Service Tribunal pursuant to Article 3(4) of Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal (OJ 2004 L 333, p. 7), until the entry into force of its rules of procedure, in which the ETF seeks an interpretation of the order of the Tribunal (Full Court) in Case F-1/05 Landgren v ETF [2007] ECR-SC I-A-1-0000 and II‑A‑1‑0000.

Held: The application for an interpretation is dismissed as inadmissible. The ETF is ordered to pay the costs of the present proceedings.

Summary

Procedure – Interpretation of a judgment – Conditions for the admissibility of the application

(Rules of Procedure of the Court of First Instance, Art. 129; Council Decision 2004/752, Art. 3(4))

For an application for interpretation of a judgment to be admissible, it must concern the operative part of the judgment in question and the essential grounds thereof, and seek to resolve an obscurity or ambiguity that may affect the meaning or scope of that judgment, in so far as that judgment was intended to resolve the particular case before the Court. Such an application is therefore inadmissible where it seeks to obtain from the Court in question an opinion on the application, implementation or consequences of its judgment or order.

(see para. 8)

See:

5/55 Assider v High Authority [1954-1956] ECR 135, 142; 70/63 A High Authority v Collotti and Court of Justice [1965] ECR 275, 280; 110/63 A Willame v Commission [1966] ECR 287, 290; 206/81 A Alvarez v Parliament [1983] ECR 2865, paras 8 to 11; 146/85 INT and 431/85 INT Maindiaux and Others v ESC and Others [1988] ECR 2003, paras 5 and 6

T-22/91 INT Raiola-Denti and Others v Council [1993] ECR II‑817, para. 6; T‑573/93 (129) Caballero Montoya v Commission [1997] ECR-SC I‑A‑271 and II‑761, para. 27