Order — ECLI:EU:F:2013:8
Date: 2013-01-29
Language of the case: Dutch
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Summary Judicial proceedings — Application initiating proceedings — Formal requirements — Clear and precise statement of the pleas in law on which the application is based (Statute of the Court of Justice, Art. 21; Rules of Procedure of the Civil Service Tribunal, Art. 35(1)(e)) Pursuant to Article 21 of the Statute of the Court of Justice and Article 35(1)(e) of the Rules of Procedure of the Civil Service Tribunal, an application must contain the pleas in law and the arguments of fact and law relied on. Those pleas and arguments must be presented in a sufficiently clear and precise fashion to enable the defendant to prepare its defence and the Tribunal to rule on the application, if necessary without any further information. In order to ensure legal certainty and the sound administration of justice, it is necessary, in order for an action to be admissible, that the essential matters of law and fact relied on are stated, at least in summary form, but coherently and intelligibly, in the application itself. (see para. 19) See: 15 September 2011, F‑102/09 Bennett and Others v OHIM, para. 115; 1 February 2012, F‑123/10 Bancale and Buccheri v Commission, para. 38; 8 March 2012, F‑12/10 Kerstens v Commission, para. 68