Judgment_paragraph 20 · Antillean Rice Mills NV, European Rice Brokers AVV and Guyana Investments AVV v Commission of the European Communities (C-390/95 P)

20As regards the admissibility before this Court of the plea raised by the Italian Government, it must be borne in mind that under Article 49(2) of the EC Statute of the Court of Justice an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions before the Court of First Instance. It follows that interveners before the Court of First Instance are regarded as parties before that court. Article 115(1) of the Rules of Procedure of the Court of Justice, under which ‘any party to the proceedings before the Court of First Instance may lodge a response within two months after service on him of notice of the appeal’, therefore applies to them, so that they are dispensed from having to make a fresh application to intervene before the Court of Justice under Articles 93 and 123 of the Rules of Procedure (Case C-244/91 P Pincherle v Commission [1993] ECR I-6965, paragraph 16).