Order — ECLI:EU:C:2001:364
Date: 2001-06-28
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Sugar
Concepts: Appeals;Applications by natural or legal persons
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Italy

Summary of the Order 
1. Appeals — Pleas in law — Plea put forward for the first time at the stage of the 
appeal — Inadmissible 
(Rules of Procedure of the Court of Justice, Arts 42(2) and US) 
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SUMMARY — CASE C-352/99 P 
2. Actions for annulment — Natural or legal persons — Measures of direct and 
individual concern to them — Provision fixing the derived intervention price for 
white sugar for all areas in Italy in respect of a particular marketing year — Action 
brought by Italian sugar manufacturers •—· Inadmissible 
(EC Treaty, Art. 173, fourth para, (now, after amendment, Art. 230, fourth para.], 
EC); Council Regulation No 1534/95, Art. 1(f)) 
1. A plea put forward for the first time in 
an appeal to the Court must be dis­
missed as inadmissible. To allow a 
party to put forward for the first time 
before the Court of Justice a plea in law 
which it has not raised before the Court 
of First Instance would be to allow it to 
bring before the Court, whose jurisdic­
tion in appeals is limited, a case of 
wider ambit than that which came 
before the Court of First Instance. In 
an appeal the Court's jurisdiction is 
thus confined to review of the findings 
of law on the pleas argued before the 
Court of First Instance. 
(see paras 52-53) 
2. The fact that it is possible to define 
more or less precisely the number or 
even the identity of the persons to 
whom a measure applies does not 
imply that the latter must be regarded 
as being individually concerned by that 
measure as long as it is established that 
such application takes effect by virtue 
of an objective situation of fact or of 
law defined by the measure in question. 
Thus Article 1(f) of Regulation 
No 1534/95, which fixes the derived 
intervention price for sugar for all areas 
in Italy for the 1995/96 marketing year, 
is not of individual concern to Italian 
sugar manufacturers holding produc­
tion quotas. First, the Council fixes the 
intervention prices for white sugar not 
on the basis of the individual data from 
each of the Italian manufacturers hold­
ing production quotas or by taking 
account of their specific situation, but 
on the basis of overall Italian sugar 
production data. Secondly, the classifi­
cation of a given area as a deficit or 
surplus area, for which a derived 
intervention price and an intervention 
price respectively are fixed, is based 
ultimately on a comparison of the 
production and consumption forecast 
for the marketing year concerned. It 
follows that the information provided 
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ERIDANIA V COUNCIL 
by the various Italian sugar manufac­
turers is only one factor in the overall 
data available to the Council and that 
the derived intervention price for white 
sugar is fixed in a general and abstract 
manner rather than on the basis of or 
taking into consideration the individual 
situation of each manufacturer. 
(see paras 59, 62-63, 65) 
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