Opinion of the Advocate General — ECLI:EU:C:2008:270
Date: 2008-05-08
Language of the case: Greek
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Budget;Financial provisions
Procedure: Action for annulment;Appeal - unfounded
Origin: Greece

Summary of the Judgment Appeals – Grounds – Pleas which entail an analysis of legal acts which cannot themselves be contested before the Court of First Instance – Admissibility (Statute of the Court of Justice, Art. 58) It is not contrary to Article 58 of the Statute of the Court of Justice – under which an appeal to the Court of Justice is to lie on the grounds of lack of competence of the Court of First Instance, or a breach of procedure before it which adversely affects the interests of the appellant, or the infringement of Community law by the Court of First Instance – for the pleas put forward in support of the application to have the judgment of the Court of First Instance set aside to entail an analysis of the scope of legal acts which cannot themselves be contested before the Court of First Instance. (see para. 40)