CASE COMMENT: PROCEDURES - LITIGATION - ACTION FOR ANNULMENT - DECISION FINDING AN INFRINGMENT - DECISION REFUSING THE GRANT OF AN EXEMPTION - ELEMENTS OF PROOF - ADMISSIBILITY

Action for annulment: The CFI delimits the elements of proof admissible before the judge in support of an action for annulment of a decision applying Article 81 EC (GlaxoSmithKline Services)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CFI, 27 September 2006, GlaxoSmithKline Services, Case T-168/01 One of the fundamental principles of Community annulment litigation is that the court may review the legality of the act referred to it only in the light of the factual elements "existing" at the date on which that act was adopted (ECJ, 7 Feb. 1979, France v Commission, Joined Cases 15/76 and 16/76, ECR p. 321, paragraph 7 - CFI, 28 Feb. 2002, Atlantic Container Line and Others v Commission, Case T-395/94, ECR p. II-875, paragraph 252). However, this principle accommodates certain temperaments. The Court of

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • European Court of Justice (Luxembourg)

Quotation

Fabien Zivy, Action for annulment: The CFI delimits the elements of proof admissible before the judge in support of an action for annulment of a decision applying Article 81 EC (GlaxoSmithKline Services), 27 September 2006, Concurrences N° 4-2006, Art. N° 12491, p. 116

Visites 4378

All reviews