Order — ECLI:EU:C:2001:72
Date: 2001-02-01
Language of the case: Spanish
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fisheries policy
Concepts: Appeals
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Spain

Summary of the Order 
Appeals — Pleas in law — Incorrect assessment of the facts — Mere repetition of the 
pleas in law and arguments put forward before the Court of First Instance — Failure to 
identify the error of law made by the Court of First Instance — Inadmissible 
(Art. 225 EC; EC Statute of the Court of Justice, Art. 51, first para.; Rules of Procedure of 
the Court of Justice, Art. 112(1)(c)) 
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SUMMARY — CASE C-301/99 P 
It follows from Article 225 EC, the first 
paragraph of Article 51 of the EC Statute 
of the Court of Justice and Arti­
cle 112(1)(c) of the Rules of Procedure that 
an appeal may be based only on grounds 
relating to the infringement of rules of law, 
to the exclusion of any appraisal of the 
facts. The Court of First Instance has 
exclusive jurisdiction, first, to establish 
the facts except where the substantive 
inaccuracy of its findings is apparent from 
the documents submitted to it and, second, 
to assess those facts. 
It also follows from those provisions that 
an appeal must indicate precisely the con­
tested elements of the order which the 
appellant seeks to have set aside, and the 
legal arguments specifically advanced in 
support of the appeal. That requirement is 
not satisfied by an appeal which, without 
even including an argument specifically 
identifying the error of law allegedly vitiat­
ing the contested order, simply repeats or 
reproduces verbatim the pleas in law and 
arguments already put forward before the 
Court of First Instance, including those 
which were based on facts expressly 
rejected by that Court. Such an appeal 
amounts in reality to no more than a 
request for re-examination of the applica­
tion submitted to the Court of First 
Instance, which the Court of Justice does 
not have jurisdiction to undertake. 
(see paras 32-33) 
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