Judgment_paragraph 35 · Planet AE Anonymi Etaireia Parochis Symvouleftikon Ypiresion v European Commission (T-320/09)

35Furthermore, in accordance with settled case-law, lack of jurisdiction on the part of the institution which adopted the contested measure represents a ground for annulment as a matter of public policy, which should be raised by the EU Court of its own motion, whereas neither party has requested it to do so (see, to that effect, judgments of 17 December 1959 in Société des fonderies de Pont-à-Mousson v High Authority, 14/59, ECR, EU:C:1959:31, at p. 473; of 10 May 1960 in Germany v High Authority, 19/58, ECR, EU:C:1960:19, at p. 488; of 13 July 2000 in Salzgitter v Commission, C‑210/98 P, ECR, EU:C:2000:397, paragraph 56). As regards whether the lack of power of the institutions which adopted the measure on the basis of which the contested measure was taken, it must be noted that although the EU Court is not obliged to raise that question of its own motion, it may be called upon to do so. That may be the case on the basis of the information in the file or if there is a manifest defect, in other words if the EU Court can easily detect it and identify it as such (see, to that effect, Opinion of Advocate General Mengozzi in Common Market Fertilizers v Commission, C‑443/05 P, ECR, EU:C:2007:127, paragraph 104).

Planet AE Anonymi Etaireia Parochis Symvouleftikon Ypiresion v European Commission (T-320/09)

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