Orders (Information) nº T-459/07 of Court of First Instance of the European Communities, October 15, 2009

• Resolution Date: October 15, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-459/07

Case T-459/07

Hangzhou Duralamp Electronics Co., Ltd

v

Council of the European Union

(Preliminary issues – Withdrawal of a document from the case‑file – Removal of a sentence from the case‑file)

Summary of the Order

Procedure – Treatment of cases before the Court of First Instance – Protection given to parties against misuse of pleadings – Scope

(Rules of Procedure of the Court of First Instance, Arts 64(3)(d), 65(b) and 116(2); Instructions to the Registrar of the Court of First Instance, Art. 5(5))

According to the rules governing the treatment of cases before the Court of First Instance, parties are entitled to protection against the misuse of pleadings. Therefore, the parties to a case, whether the main parties or interveners, have the right to use the pleadings of other parties to which they have been granted access solely for the purpose of defending their own legal position in the context of that case. Each case brought before the Court has its own case‑file containing the documents and pleadings produced by the parties to the case in question and each case‑file is completely separate. It is true that apart from exceptional cases in which disclosure of a document...