Judgment_paragraph 20 · Safa Nicu Sepahan Co. v Council of the European Union (C-45/15 P)

20Under Article 174 of the Rules of Procedure of the Court of Justice, a response is to seek to have the appeal allowed or dismissed, in whole or in part. Furthermore, in accordance with Articles 172 and 176 of those rules, the parties authorised to lodge a response may submit, by a document separate from the response, a cross‑appeal which, according to Article 178(1) and the second sentence of Article 178(3) of those rules, must seek to have set aside, in whole or in part, the judgment under appeal on the basis of pleas in law and arguments separate from those relied on in the response. It is apparent from those provisions, read together, that the response may not seek to have the judgment under appeal set aside on the basis of distinct and independent grounds from those raised in the appeal, since such grounds may be raised only as part of a cross-appeal (judgment of 10 November 2016, DTS Distribuidora de Televisión Digital v Commission, C‑449/14 P, EU:C:2016:848, paragraphs 99 to 101).