Judgment — ECLI:EU:C:2009:212
Date: 2009-04-02
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations
Concepts: Revision of a judgment
Procedure: Application for revision of a judgment - inadmissible

summary of the financial cooperation between the Community and the Republic of Turkey in which it repeats its criticisms regarding the findings made by the Court of First Instance at paragraph 42 of the judgment under appeal, to the effect that it is not the purpose of Article 2(1) of the Ankara Agreement to confer rights on individuals, and at paragraphs 57 to 61 of that judgment, relative to the requirement of a causal link between a Community institution’s unlawful conduct and the damage alleged. 64 The fifth ground of appeal, however, contains no precise indication that the Court of First Instance erred in law in the judgment under appeal. That ground does not therefore fulfil the requirement, recalled at paragraph 46 of the present order, that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal. 65 It is therefore necessary to reject the fifth ground of appeal as being manifestly inadmissible. 66 Accordingly, the appeal must be dismissed in its entirely as being in part manifestly inadmissible and in part manifestly unfounded. Costs 67 Under Article 69(2) of the Rules of Procedure, which applies to appeal proceedings by virtue of Article 118 thereof, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the Council and the Commission have applied for costs and the appellant has been unsuccessful, the latter must be ordered to pay the costs. On those grounds, the Court (Second Chamber) hereby orders: 1. The appeal is dismissed. 2. Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ is ordered to pay the costs. [Signatures] * Language of the case: English.