Judgment — ECLI:EU:C:1998:46
Date: 1998-02-10
Language of the case: English
Court formation: Full Court
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Dumping;External relations;Commercial policy
Concepts: Appeals;Anti-dumping and anti-subsidy measures;Admissibility and examination of applications, forms of order sought and pleas in law
Procedure: Action for annulment;Appeal - unfounded

Summary of the O r d e r 
Appeals — Intervention — Retention before the Court of Justice of the capacity of intervener 
acquired during the proceedings before the Court of First Instance — Inadmissibility of a fresh 
application for leave to intervene 
(EC Statute of the Court of Justice, Art. 49) 
It follows from Article 49 of the Statute of 
the Court of Justice of the EC that interven­
ers before the Court of First Instance must 
be treated as parties before that Court. Con­
sequently, when the judgment of the Court 
of First Instance is the subject of an appeal, 
Article 115(1) of the Rules of Procedure of 
the Court of Justice applies to them and 
releases them from the obligation to submit a 
fresh application for leave to intervene 
before the Court of Justice under Articles 
93 and 123 of the Rules of Procedure. 
Consequently, an application for leave to 
intervene submitted in appeal proceedings by 
a party which intervened in the proceedings 
at first instance cannot be granted and must 
be declared inadmissible. 
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