CELEX: C2006/010/16
Language: en
Date: 2006-01-14 00:00:00
Title: Case C-368/05 P: Appeal brought on  5 October 2005  by Polyelectrolyte Producers Group against the order made on  22 July 2005  by the Second Chamber of the Court of First Instance of the European Communities in Case T-376/04 between Polyelectrolyte Producers Group and Council of the European Union and Commission of the European Communities

14.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/7
            
         Appeal brought on 5 October 2005 by Polyelectrolyte Producers Group against the order made on 22 July 2005 by the Second Chamber of the Court of First Instance of the European Communities in Case T-376/04 between Polyelectrolyte Producers Group and Council of the European Union and Commission of the European Communities
   (Case C-368/05 P)
   (2006/C 10/16)
   Language of the case: English
   An appeal against the order made on 22 July 2005 by the Second Chamber of the Court of First Instance of the European Communities in case T-376/04 between Polyelectrolyte Producers Group and Council of the European Union and Commission of the European Communities was brought before the Court of Justice of the European Communities on 5 October 2005 by Polyelectrolyte Producers Group, established in Brussels (Belgium), represented by Messrs Koen Van Maldegem and Claudio Mereu, avocats.
   The Appellant claims that the Court should:
   
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               declare the present appeal admissible and well-founded;
            
         
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               set aside the order of the Court of First Instance of 22 July 2005 in Case T-376/04;
            
         
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               declare the Appellant's requests in Case T-376/04 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
            
         
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               order the Council of the European Union and the Commission of the European Communities to bear all costs and expenses of both proceedings.
            
         Pleas in law and main arguments:
   The Appellant submits that the Order of the Court of First Instance dismissing its application as inadmissible should be set aside on the following grounds:
   
               (a)
            
            
               the Order infringes the Court's duty to state reasons;
            
         
               (b)
            
            
               the Court of First Instance has erred in its legal assessment of the facts of the case;
            
         
               (c)
            
            
               the Order infringes the right to complete and effective judicial protection, and the right to a fair hearing.