Nicolaos Progoulis v Commission of the European Communities. [1996] EUECJ C-49/96P (12 December 1996)
The appeal was dismissed as inadmissible because it merely repeated arguments from the first instance, introduced new pleas at the appeal stage, and contested non-essential reasoning and costs, all of which are inadmissible under the EC Statute and Rules of Procedure.
Source-derived case information.
- Citation
- [1996] EUECJ C-49/96P
- Parties
- Appellant: Nicolaos Progoulis; Respondent: Commission of the European Communities
- Jurisdiction
- European Union
- Procedural Posture
- Appeal / Order on Admissibility
- Outcome
- appeal dismissed as inadmissible
- Legal Topics
- Appeals, Admissibility of Pleas, Officials
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicolaos Progoulis
Appellant
Commission of the European Communities
Respondent
Procedural Posture
Appeal / Order on Admissibility
Legal Issues
- 1 Whether the appeal is admissible when it merely repeats arguments from the first instance
- 2 Whether new pleas can be introduced at the appeal stage
- 3 Whether contesting reasoning not forming essential grounds is admissible
Ratio Decidendi
The appeal was dismissed as inadmissible because it merely repeated arguments from the first instance, introduced new pleas at the appeal stage, and contested non-essential reasoning and costs, all of which are inadmissible under the EC Statute and Rules of Procedure.
Court Disposition
appeal dismissed as inadmissible
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Nicolaos Progoulis v Commission of the European Communities. [1996] EUECJ C-49/96P (12 December 1996) URL: https://www.bailii.org/eu/cases/EUECJ/1996/C4996.html Cite as: [1996] EUECJ C-49/96P [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61996O0049 Order of the Court (Fourth Chamber) of 12 December 1996. Nicolaos Progoulis v Commission of the European Communities. Officials - Appeal clearly inadmissible. Case C-49/96 P. European Court reports 1996 Page I-06803 1 Appeals - Pleas in law - Mere repetition of the pleas and arguments submitted to the Court of First Instance - Inadmissibility - Dismissal (EC Statute of the Court of Justice, Arts 49 and 51; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) 2 Appeals - Pleas in law - Plea contesting a line of reasoning put forward in the judgment but not one of its essential grounds - Nugatory plea (EC Statute of the Court of Justice, Art. 51) 3 Appeals - Pleas in law - Plea submitted for the first time during the appeal proceedings - Inadmissible (EC Statute of the Court of Justice, Art. 51) 4 Appeals - Pleas in law - Plea contesting the decision of the Court of First Instance regarding costs - Inadmissible where all other pleas rejected (EC Statute of the Court of Justice, Art. 51, second para.) © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1996/C4996.html