CELEX: C2005/019/29
Language: en
Date: 2005-01-22 00:00:00
Title: Case C-482/04 P: Appeal brought on 22 November 2004 by SNF S.A.S. against the order made on 6 September 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in case T-213/02 between SNF S.A. and the Commission of the European Communities

22.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/15
            
         Appeal brought on 22 November 2004 by SNF S.A.S. against the order made on 6 September 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in case T-213/02 between SNF S.A. and the Commission of the European Communities
   (Case C-482/04 P)
   (2005/C 19/29)
   Language of procedure: English
   An appeal against the order made on 6 September 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in case T-213/02 (1) between SNF S.A. and the Commission of the European Communities, was brought before the Court of Justice of the European Communities on 22 November 2004 by SNF S.A.S, established in Andrézieux, France, represented by Messrs K. Van Meldegem and C. Mereu, lawyers.
   The Appellant claims that the Court should:
   
               —
            
            
               declare the present appeal admissible and well-founded;
            
         
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               set aside the order of the Court of First Instance of 6 September 2004 in case T-213/02;
            
         
               —
            
            
               declare the Apellant's requests in case T-213/02 admissible;
            
         
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               rule on the merits or, in the alternative, refer the case to the Court of First Instance to rule on the merits; and
            
         
               —
            
            
               order the European Commission to bear all costs and expenses of both proceedings.
            
         Pleas in law and main arguments
   The Appellant submits that the contested order of the Court of First Instance should be set aside on the following grounds:
   
               a)
            
            
               The Court of First Instance misinterpreted Article 114(1) of the Rules of Procedure and infringed the principle of legal effectiveness and the duty to state reasons;
            
         
               b)
            
            
               The Court of First Instance erred in law in the legal assessment of the facts;
            
         
               c)
            
            
               The order of the Court of First Instance infringes the right to complete and effective judicial protection, and the right to a fair hearing.
            
         
      (1)  OJ C 233, 28.9.2002, p. 28.