Judgment — ECLI:EU:T:2000:89
Date: 2000-03-28
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;External relations;Fruit and vegetables;Commercial policy;Bananas
Concepts: General;Admissibility and examination of applications, forms of order sought and pleas in law;Bananas
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Germany

summary of the pleas in law on which the 
application is based. According to case-law, this means that the application must 
specify the grounds on which the action is based, with the result that a mere 
abstract statement of the grounds does not satisfy the requirements of those rules 
(Case T-16/91 Rendo and Others v Commission [1992] ECR II-2417, paragraph 
130). 
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JUDGMENT OF 28. 3. 2000 — CASE T-251/97 
91 Moreover, that summary must be sufficiently clear and precise to enable the 
defendant to prepare its defence and the Court to decide the case, if appropriate 
without other information in support. In order to ensure legal certainty and the 
sound administration of justice, if an action is to be admissible, the essential facts 
and law on which it is based must be apparent from the text of the application 
itself (Case T-348/94 Enso Española v Commission [1998] ECR II-1875, 
paragraph 143). 
92 As those conditions have not been fulfilled in this case, the second plea must be 
declared inadmissible. It must be added that the substantiation of the plea in the 
reply is of no relevance in that regard. 
93 It follows that the application must be dismissed in its entirety. 
Costs 
94 Under Article 87(2) of the Rules of Procedure , the unsuccessful par ty is to be 
ordered to pay the costs if they have been applied for in the successful party 's 
pleadings. As the appl icant has been unsuccessful and the Commiss ion has 
applied for costs, the appl icant mus t be ordered to pay the costs. 
95 Under Article 87(4) of those Rules, the M e m b e r States which intervened in the 
proceedings are to bear their o w n costs. Consequently, the Kingdom of Spain and 
the French Republ ic , which intervened in suppor t of the forms of order sought b y 
the Commiss ion , should pay their o w n costs. 
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T. PORT V COMMISSION 
On those grounds, 
THE COURT OF FIRST INSTANCE (Fifth Chamber), 
hereby: 
1. Dismisses the application; 
2. Orders the applicant to bear its costs and pay those of the Commission; 
3. Orders the Kingdom of Spain and the French Republic to bear their own 
costs. 
Cooke García-Valdecasas Lindh 
Delivered in open court in Luxembourg on 28 March 2000. 
H. Jung 
Registrar 
R. García-Valdecasas 
President 
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