Judgment_paragraph 101 · Asia Motor France SA, Jean-Michel Cesbron, Monin Automobiles SA and Europe auto service SA v Commission of the European Communities (T-154/98)

101When the Court of First Instance annuls an act of an institution, that institution is required, under Article 176 of the Treaty, to take the measures necessary to comply with the Court's judgment. In that connection, both the Court of Justice and the Court of First Instance have held that, in order to comply with their judgments and to implement them fully, the institution is required to observe not only the operative part of the judgment but also to take full account of the grounds which led to the judgment and constitute its essential basis, inasmuch as they are necessary to determine the exact meaning of what is stated in the operative part. It is those grounds which, on the one hand, identify the precise provision held to be unlawful and, on the other, indicate the specific reasons which underlie the finding of illegality contained in the operative part and which the institution concerned must take into account when replacing the annulled measure (judgments in Joined Cases 97/86, 99/86, 193/86 and 215/86 Asteris and Others v Commission [1988] ECR 2181, paragraph 27, and in Case T-224/95 Tremblay and Others v Commission [1997] ECR II-2215, paragraph 72).

Asia Motor France SA, Jean-Michel Cesbron, Monin Automobiles SA and Europe auto service SA v Commission of the European Communities (T-154/98)

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