Orders (Information) nº T-43/16 of Tribunal General de la Unión Europea, June 22, 2016

• Resolution Date: June 22, 2016
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-43/16

Case T-43/16

1&1 Telecom GmbH

v

European Commission

(Action for annulment - Signature of the application initiating proceedings - Articles 76 and 77 of the Rules of Procedure - Rejection of the plea of inadmissibility)

Summary - Order of the General Court (Third Chamber), 22 June 2016

1. Judicial proceedings - Application initiating proceedings - Formal requirements -Signature by a lawyer - Essential rule of strict application - No signature - Inadmissibility - Not possible to regularise

   (Statute of the Court of Justice, Art. 19; Rules of Procedure of the General Court (1991), Arts 43, 51(4), and 78(5))

2. Judicial proceedings - Application initiating proceedings - Formal requirements - Lawyer’s mandate not lodged concomitantly with the introduction of the application initiating proceedings - Not inadmissible - Rectification - Lawfulness

   (Rules of Procedure of the General Court, Arts 76(b), and 78(5))

1. See the text of the decision.

   (see paras 22, 23) 2. The lodging of an application initiating proceedings by means of the e-Curia application, using the user identification and password of the applicant’s agent or lawyer constitutes signature in accordance with Article 3 of the e-Curia Decision.

   Status as the applicant’s representative is evidenced by the fact that the applicant has submitted an authorisation to act in favour of the lawyer or agent concerned. The fact that that authorisation is not lodged together with the application does not affect that finding or result in the inadmissibility of the application, since such...