Order — ECLI:EU:T:2006:188
Date: 2006-07-05
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Economic, social and territorial cohesion;Cohesion Fund;Procedural provisions
Concepts: Admissibility and examination of applications, forms of order sought and pleas in law
Procedure: Action for annulment - inadmissible;Application to intervene - decision unnecessary
Origin: Spain

Summary of the Order Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 19, para., 4) Pursuant to 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, 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 he must be authorised to practise before a court of a Member State or of another State which is a party to the EEA Agreement. Those requirements are essential formal rules and failure to comply with them will result in the action being inadmissible. Therefore, an application lodged by a non-privileged party represented by an agent who, not being enrolled at the bar, is thus not a lawyer within the meaning of Article 19 of the Statute, is inadmissible even if, under national law, that agent may represent the party before all courts. (see paras 7, 10, 12)