Judgment_paragraph 65 · European Commission v Françoise Putterie-De-Beukelaer (T-160/08 P)

65It must be held that the interpretation of the rules which are relevant for the purpose of determining whether or not the administration should have ruled in the contested decision on Ms Putterie-De-Beukelaer’s potential constituted a necessary precondition to the examination of the plea alleging an error of assessment which she raised in her action. It has consistently been held that while the court must adjudicate only on the application of the parties, who must define the scope of the dispute, it cannot be bound solely by the arguments which they put forward in support of their claims, as otherwise it would, should the case arise, be compelled to base its decisions on legally flawed considerations (orders of 27 September 2004 in Case C-470/02 P UER v M6 and Others, not published in the ECR, paragraph 69, and of 13 June 2006 in Case C-172/05 P Mancini v Commission, not published in the ECR, paragraph 41).

European Commission v Françoise Putterie-De-Beukelaer (T-160/08 P)

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