CASE COMMENTS: PROCEDURES – EUROPEAN UNION – PARTIAL ANNULMENT – PLEA INVOLVING A MATTER OF PUBLIC POLICY – PROHIBITION ON RULING ULTRA PETITA

Partial annulment : The Court of Justice of the European Union considers that the failure to state reasons raised of its own by the General Court of the European Union cannot lead to the annulment of an act beyond what is requested from it (British Airways)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This case raised a question of pure procedure before the courts of the Union, which goes beyond the scope of competition matters alone. Since the Court of First Instance, of its own motion, found that the statement of reasons which vitiated the Commission's decision of 2010 in the air cargo case was defective, the Court of Justice was seised, on appeal, of the question whether that annulment was necessarily limited by the form of order sought by the appellant at first instance or whether it could go beyond that form of order by

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Alexandre Lacresse, Partial annulment : The Court of Justice of the European Union considers that the failure to state reasons raised of its own by the General Court of the European Union cannot lead to the annulment of an act beyond what is requested from it (British Airways), 14 November 2017, Concurrences N° 1-2018, Art. N° 86246, pp. 153-154

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