Source: All England Reporter
Publisher Citation: [2005] All ER (D) 404 (Nov)
Court: Court of First Instance of the European Communities (Second Chamber)
Judge:

Judges Pirrung (President), Meij and Pelikanova

Judgment Dates: 30 November 2005

Catchwords

European community - Court of First Instance - Practice and procedure - Application for compensation - Admissibility - Liability of Community institution - Rules of Procedure of the Court of First Instance, art 44(1)(c).

The Case

Under art44(1)(c) of the Rules of Procedure of the Court of First Instance, every application had to state the subject mater of the proceedings and contain a summary of the pleas in law on which it was based. In the instant case, that part of the applicant's action seeking compensation for damage suffered by flooding from a drain on land made available to Commission of the European Atomic Energy Community for the establishment of a Joint Nuclear Research Centre which lacked the requisite precision and clarity would, accordingly, be declared inadmissible. Further, in as far as it was admissible, the applicant's action had to be dismissed as unfounded.

Practice Areas

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