Opinion of the Advocate General — ECLI:EU:C:1997:398
Date: 1997-09-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: United Kingdom

summary of the applicants' arguments in paragraphs 96 and 97 of the contested judgment is not confined to those aspects. Second, it appears that the relevant passage in paragraph 99 of the contested judgment is an answer to specific arguments raised before the Court of First Instance in relation to the Data System. 119. Since the fifth ground of appeal is in part inadmissible and in part unfounded, it must be rejected. 120. It follows from all the foregoing considerations that the grounds put forward by the appellant in support of its appeal are in part inadmissible and in part unfounded. The appeal must therefore be dismissed in its entirety. Costs 121. Under Article 69(2) of the Rules of Procedure, applicable to the appeal procedure by virtue of Article 118, 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 appellant has been unsuccessful, it must be ordered to pay the costs of these proceedings. On those grounds, THE COURT (Fifth Chamber) hereby: 1. Dismisses the appeal; 2. Orders New Holland Ford Ltd to pay the costs. Gulmann Moitinho de Almeida Edward Jann Sevón Delivered in open court in Luxembourg on 28 May 1998. R. Grass C. Gulmann Registrar President of the Fifth Chamber 1: Language of the case: English.