Order — ECLI:EU:T:2005:70
Date: 2005-02-28
Language of the case: English
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property;Procedural provisions
Concepts: Admissibility and examination of applications, forms of order sought and pleas in law
Procedure: Action for annulment - inadmissible

Summary of the Order Procedure – Originating application – Formal requirements – Signature by a lawyer – Applicant represented by a person who has a legal qualification but is not a lawyer – Inadmissible (Statute of the Court of Justice, Art. 19, fourth para.) It is clear from the fourth paragraph of Article 19 of the Statute of the Court of Justice, which is applicable to proceedings before the Court of First Instance by virtue of Article 53 of that Statute, that two cumulative conditions must be satisfied in order for a person to be able validly to represent parties other than Member States and Community institutions before the Community Courts: that person must be a lawyer and must be authorised to practise before a court of a Member State or of another State which is a party to the Agreement on the European Economic Area. Those requirements are essential formal rules and failure to comply with them will result in the action being inadmissible. An application lodged by a non-privileged party and signed by a person holding a legal qualification who, although able to represent parties in certain actions before the courts and tribunals of a Member State, does not satisfy all of the conditions laid down by the relevant national legislation for recognition as a lawyer and is accordingly not a lawyer for the purposes of Article 19 of the Statute is therefore inadmissible. (see paras 7, 9-10)