# C_2006261EN.01001401.xml

| 28.10.2006 | EN | Official Journal of the European Union | C 261/14 |
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28.10.2006

EN

Official Journal of the European Union

C 261/14

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Appeal brought on 6 September 2006 by Comunidad Autónoma de Valencia — Generalidad Valenciana against the order made on 5 July 2006 by the Court of First Instance (Second Chamber) in Case T-357/05 Comunidad Autónoma de Valencia — Generalidad Valenciana v Commission of the European Communities

(Case C-363/06 P)

(2006/C 261/25)

Language of the case: Spanish

Parties

Appellant: Comunidad Autónoma de Valencia — Generalidad Valenciana (represented by: J. V. Sánchez-Tarazaga Marcelino, letrado, and C. Fernández Vicién and I. Moreno-Tapia Rivas, abogados)

Appellant:

Other party to the proceedings: Commission of the European Communities

Other party to the proceedings:

Form of order sought

| — | declare that the present case is admissible and well founded; |
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declare that the present case is admissible and well founded;

| — | set aside the order of the Court of First Instance of 5 July 2006; |
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set aside the order of the Court of First Instance of 5 July 2006;

| — | refer the case back to the Court of First Instance so that the application originally filed is declared admissible and the proceedings continued; |
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refer the case back to the Court of First Instance so that the application originally filed is declared admissible and the proceedings continued;

| — | order the Commission to pay all of the costs of the present proceedings. |
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order the Commission to pay all of the costs of the present proceedings.

Pleas in law and main arguments

This appeal is based on the following pleas in law:

| | The Court of First Instance erred in law: it infringed the EC Treaty, in particular Article 19 of the Protocol annexed to the Treaty establishing the European Community on the Statute of the Court of Justice (which, in accordance with Article 311 EC, forms an integral part thereof) which lays down the criteria governing the legal representation of the parties before the Community courts. |
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The Court of First Instance erred in law: it infringed the EC Treaty, in particular Article 19 of the Protocol annexed to the Treaty establishing the European Community on the Statute of the Court of Justice (which, in accordance with Article 311 EC, forms an integral part thereof) which lays down the criteria governing the legal representation of the parties before the Community courts.

| | It infringed essential procedural requirements by failing to grant the applicant a period in which to put the application in order, in breach of Article 44(6) of the Rules of Procedure of the Court of First Instance, misapplying Article 111 thereof to the present case and failing to hear the applicant before declaring the action inadmissible, in breach of the principle of the right to be heard which applies in all proceedings. |
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It infringed essential procedural requirements by failing to grant the applicant a period in which to put the application in order, in breach of Article 44(6) of the Rules of Procedure of the Court of First Instance, misapplying Article 111 thereof to the present case and failing to hear the applicant before declaring the action inadmissible, in breach of the principle of the right to be heard which applies in all proceedings.

| | It infringed the principle of non-discrimination by denying the legal representative (letrado) of the Generalidad Valenciana a right which has been undisputed in previous cases in respect of representatives who have appeared before the Community courts in that same capacity. |
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It infringed the principle of non-discrimination by denying the legal representative (letrado) of the Generalidad Valenciana a right which has been undisputed in previous cases in respect of representatives who have appeared before the Community courts in that same capacity.

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