Common Market Fertilizers SA v Commission of the European Communities (T-134/03, T-135/03)

Judgment of 27 Sept 2005

law://eu/cjeu/2003/t-134-03/para_51@2026-11-13

51As regards, first of all, the plea of illegality put forward by the applicant, it must be noted that it was pleaded only in the reply. The Court of Justice has ruled that the action is defined by the application initiating proceedings, and that a plea of illegality is inadmissible at the stage of the reply (Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraphs 36 and 37). Furthermore, the plea of illegality is not based on any matter of law or of fact which came to light in the course of the procedure within the meaning of Article 48(2) of the Rules of Procedure of the Court of First Instance.

Common Market Fertilizers SA v Commission of the European Communities (T-134/03, T-135/03)

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