Microsoft Corp. v Commission of the European Communities (T-201/04)

Judgment of 17 Sept 2007

law://eu/cjeu/2004/t-201-04/para_94@2026-11-15

94The Court recalls that, under Article 21 of the Statute of the Court of Justice and Article 44(1) (c) of the Rules of Procedure of the Court of First Instance, each application is required to state the subject-matter of the proceedings and a summary of the pleas in law on which the application is based. According to consistent case-law it is necessary, for an action to be admissible, that the basic matters of law and fact relied on be indicated, at least in summary form, coherently and intelligibly in the application itself. Whilst the body of the application may be supported and supplemented on specific points by references to extracts from documents annexed thereto, a general reference to other documents, even those annexed to the application, cannot make up for the absence of the essential arguments in law which, in accordance with the abovementioned provisions, must appear in the application (Case C-52/90 Commission v Denmark [1992] ECR I-2187, paragraph 17; orders in Koelman v Commission, cited in paragraph 92 above, paragraph 21, and Case T-154/98 Asia Motor France and Others v Commission [1999] ECR II-1703, paragraph 49). Furthermore, it is not for the Court to seek and identify in the annexes the pleas and arguments on which it may consider the action to be based, since the annexes have a purely evidential and instrumental function (Case T-84/96 Cipeke v Commission [1997] ECR II-2081, paragraph 34, and Case T-231/99 Joynson v Commission [2002] ECR II-2085, paragraph 154).

Microsoft Corp. v Commission of the European Communities (T-201/04)

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