Judgment_paragraph 36 · Compañía española para la fabricación de aceros inoxidables SA (Acerinox) v Commission of the European Communities (C-57/02 P)

36It must therefore be considered, as the Advocate General observed in point 38 of his Opinion, that the Court of First Instance was not entitled to rely on the January 1994 fax as evidence without explaining why Acerinox's objection to that fax should be rejected. By failing to reply to the argument put forward by the applicant on that point, the Court of First Instance failed to fulfil its obligation to state reasons under Article 30 and the first paragraph of Article 46 of the ECSC Statute of the Court of Justice.