85Orange also cannot derive any useful argument from the fact that the Commission, in its pleadings submitted before the General Court, recognised that that sentence referred to the actual or likely effects of an infringement, while asserting that it was a clerical error. Even assuming that those pleadings had the content which Orange attributes to them, it is sufficient to note, first, that it is apparent from the very wording of Article 263 TFEU that the review of legality under that provision cannot concern the content of the pleadings lodged by the defendant before a Court of the European Union responsible for carrying out that review and, second, that an appeal relates only to the judgment under appeal (judgment of 2 October 2003, Ensidesa v Commission, C‑198/99 P, EU:C:2003:530, paragraph 32 and the case-law cited).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.