Judgment_paragraph 51 · R.J. Reynolds Tobacco Holdings, Inc. and Others v Commission of the European Communities (C-131/03 P)

51However, provided that an appellant challenges the interpretation or application of Community law by the Court of First Instance, the points of law examined at first instance may be discussed again in an appeal (see Case C-210/98 P Salzgitter v Commission [2000] ECR I-5843, paragraph 43). Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the Court of First Instance, an appeal would be deprived of part of its purpose (see inter alia FNAB and Others v Council, paragraphs 30 and 31; Case C-321/99 P ARAP and Others v Commission [2002] ECR I-4287, paragraph 49; and Interporc v Commission, paragraph 17).