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Order of the Court (Fourth Chamber) of 15 January 1998. # Dieter Obst v Commission of the European Communities. # Appeal - Official - Recruitment procedure - Article 45 of the Staff Regulations - Statement of reasons - Compensation for damage - Appeal clearly inadmissible and unfounded. # Case C-403/95 P.
ECLI:EU:C:1998:2
61995CO0403
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61995O0403
European Court reports 1998 Page I-00027
Summary
Keywords
1 Appeals - Pleas in law - Mere repetition of the pleas in law and arguments submitted to the Court of First Instance - Inadmissible - Dismissed
(EC Statute of the Court of Justice, Arts 49 and 51; Rules of Procedure of the Court of Justice, Art. 112(1)(c))
2 Appeals - Pleas in law - Plea concerning the order of the Court of First Instance as to costs - Inadmissible where all the other pleas have been rejected
(EC Statute of the Court of Justice, Art. 51, 2nd para.)
Summary
3 The combined effect of the first paragraph of Article 51 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure is that an appeal must indicate precisely the contested elements of the judgment of the Court of First Instance which the appellant seeks to have set aside and also the legal arguments advanced in support of the appeal.
An appeal which simply repeats or reproduces verbatim the pleas in law and arguments already submitted to the Court of First Instance, including those based on factual allegations expressly dismissed by that Court, does not meet that requirement; such an appeal merely seeks, in reality, reconsideration of the application submitted before the Court of First Instance, which, under Article 49 of the Statute of the Court of Justice, falls outside the jurisdiction of the Court.
4 Where all the other pleas advanced in an appeal against a judgment of the Court of First Instance have been rejected, the plea concerning the order for costs must, pursuant to the second paragraph of Article 51 of the Statute of the Court of Justice, be declared inadmissible.