CELEX: 11951K/PRO/CJ/54
Language: en
Date: 1988-10-24 00:00:00
Title: Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV - The Court of First instance of the European Communities - Decision of the Court of Appeal - Article 54

Avis juridique important

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11951K/PRO/CJ/54

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV - The Court of First instance of the European Communities - Decision of the Court of Appeal - Article 54  

Official Journal L 319 , 25/11/1988 P. 0001

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Decision of the Court of Appeal - Article 54* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1). If the appeal is well founded, the Court of Justice shall quash the decision of the Court of First Instance. It may itself give final judgment in the matter, where the state of the proceedings so permits, or refer the case back to the Court of First Instance for judgment.Where a case is referred back to the Court of First Instance, that Court shall be bound by the decision of the Court of Justice on points of law.When an appeal brought by a Member State or a Community institution, which did not intervene in the proceedings before the Court of First Instance, is well founded the Court of Justice may, if it considers this necessary, state which of the effects of the decision of the Court of First Instance which has been quashed shall be considered as definitive in respect of the parties to the litigation.