CELEX: 62008CN0498
Language: en
Date: 2008-11-18 00:00:00
Title: Case C-498/08 P: Appeal brought on 18 November 2008 by Fornaci Laterizi Danesi SpA against the judgment delivered on 9 September 2008 in Case T-224/08 Fornaci Laterizi Danesi SpA v Commission of the European Communities

21.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/17
            
         Appeal brought on 18 November 2008 by Fornaci Laterizi Danesi SpA against the judgment delivered on 9 September 2008 in Case T-224/08 Fornaci Laterizi Danesi SpA v Commission of the European Communities
   (Case C-498/08 P)
   (2009/C 69/31)
   Language of the case: Italian
   Parties
   
      Appellant: Fornaci Laterizi Danesi SpA (represented by: M. Salvi, L. de Nora, M. Manganiello, P. Rivetta, lawyers)
   
      Other party to the proceedings: Commission of the European Communities
   Form of order sought
   
               —
            
            
               Set aside the order of 9 September 2008 of the Court of First Instance in Case T-224/08, notified by fax of 12 September 2008 and refer the case back to the Court of First Instance for judgment on the merits;
            
         
               —
            
            
               In the alternative, in the event that the case is not referred back to the Court of First Instance, uphold the forms of order sought by the applicant at first instance;
            
         
               —
            
            
               In any event, order the Commission to pay the costs.
            
         Pleas in law and main arguments
   Incorrect legal assumptions, incorrect reasons for judgment, incorrect application of the legal rule in question, failure to make inquiries (fifth paragraph of Article 230 EC, Article 249 EC and Article 254 EC, also in relation to Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms).