Source: All England Reporter
Publisher Citation: [2002] All ER (D) 17 (Jan)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Macken (President of the Chamber) Gulmann, Puissochet (Rapporteur), Schintgen and Cunha Rodrigues
Judgment Dates: 10 January 2002

Catchwords

European Community - Procedure - Appeal - Action for annulment - Admissibility - Audi alteram partem rule - Whether judicial decision based on evidence which party not having been given opportunity to consider in breach of fundamental principles - European Coal and Steel Community Treaty, arts 33 and 35 - European Coal and Steel Community Statute of the Court of Justice, arts 49, 51 and 54.

The Case

On an appeal against the order of the Court of First Instance of the European Communities to the Court of Justice of the European Communities concerning the decision to order two actions as inadmissible based on evidence parties were not given an opportunity to consider, the appeal would be allowed and the matter referred back to the Court of First Instance.

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