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Topic: Court of First Instance


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In the News (Sat 20 Apr 19)

  
  Court of First Instance - Wikipedia, the free encyclopedia
The Court of First Instance is an independent Court attached to the European Court of Justice.
The creation of the Court of First Instance instituted a judicial system based on two levels of jurisdiction: all cases heard at first instance by the Court of First Instance may be subject to a right of appeal to the Court of Justice on points of law only.
The Court of First Instance, like the Court of Justice, has the task of ensuring that the law is observed in the interpretation and application of the Treaties constituting the European Communities and the provisions adopted by the competent Community institutions.
en.wikipedia.org /wiki/Court_of_First_Instance   (814 words)

  
 EUROPEAN PARLIAMENT FACT SHEETS - 1.3.9. The Court of Justice and the Court of First Instance
The Court of Justice and the Court of First Instance
The Court of Justice requested that such a court be established in a Communication to the Council of 29 September 1987.
The CFI exercises at first instance the jurisdiction conferred on the Court of Justice:
www.europarl.eu.int /factsheets/1_3_9_en.htm   (1637 words)

  
 Court of first instance   (Site not responding. Last check: 2007-10-20)
Court of first instance is a generic term for a trial court of original or primary jurisdiction.
The Court of First Instance is also the name of a specific trial court of the European Union.
An inclosed space; a courtyard; an uncovered area shut in by the walls of a building, or by different building; also, a space opening from a street and nearly surrounded by houses; a blind alley.
www.serebella.com /encyclopedia/article-Court_of_first_instance.html   (323 words)

  
 ECJ Canary Islands - Greenpeace v Commission
The financial commitment for the first year (1991), for ECU 28 953 000 (Article 1 of the decision), was payable on the defendant's adoption of the decision (Annex III, paragraph A4, of the decision).
The Court of First Instance added that, in view of the conditions laid down in the fourth paragraph of Article 173 of the Treaty, that conclusion could not be affected by the practice of national courts whereby locus standi might depend merely on applicants having a 'sufficient‘ interest.
The interpretation of the fourth paragraph of Article 173 of the Treaty that the Court of First Instance applied in concluding that the appellants did not have locus standi is consonant with the settled case-law of the Court of Justice.
www.globelaw.com /Climate/ECJ_canaries.htm   (1914 words)

  
 Latham & Watkins Online   (Site not responding. Last check: 2007-10-20)
In the name of the principle of freedom of expression, the Court of Appeal reversed the decision of the President of the Paris Court of First Instance and therefore rejected Esso’s claims and it confirmed the decision of the President of the Paris Court of First Instance in the Areva case.
The Decisions of the Paris Court of First Instance on the Merits
First, it appears that courts do not sanction the criticism of the social policy of a company when such criticism is associated with a more or less explicit tribute paid to the activities or products of such company.
www.lw.com /resource/Publications/ClientAlerts/clientAlert.asp?pid=1068   (1944 words)

  
 Untitled Document   (Site not responding. Last check: 2007-10-20)
In view of the increasing number of cases brought before the Court of First Instance in the last five years, in order to relieve it of some of the caseload, the Treaty of Nice, which entered into force on 1 February 2003, provides for the creation of ‘judicial panels’ in certain specific areas.
The Court of First Instance sits in chambers composed of three or five Judges or, in certain cases, may be constituted by a single Judge.
The Registrar is appointed by the Judges of the Court of First Instance for a term of six years.
www.curia.eu.int /en/instit/presentationfr/tpi.htm   (720 words)

  
 Microsoft Statement on European Union Court of First Instance Order on Interim Measures: Although the Court ruled ...
Microsoft Statement on European Union Court of First Instance Order on Interim Measures: Although the Court ruled against Microsoft’s request for interim measures, the company is encouraged by a number of aspects of the Court’s discussion of the merits of the case.
Although the Court ruled against Microsoft’s request for interim measures, the company is encouraged by a number of aspects of the Court’s discussion of the merits of the case.
Although the Court ruled against Microsofts request for interim measures, we are encouraged by a number of aspects of the Courts discussion of the merits of the case.
www.microsoft.com /presspass/press/2004/dec04/12-22CFIRulingPR.mspx   (685 words)

  
 THE ADMINISTRATION OF JUSTICE IN TUNISIA:   (Site not responding. Last check: 2007-10-20)
As with the trial before the court of first instance, the atmosphere surrounding the August 6 appeal hearing was not conducive to the fair administration of justice.
First the judge asked the clerk to note that lawyer Ayyachi Hammami had taken the floor without permission, even though other members of the Bar Council insisted to the judge that Ayyachi had asked for permission to speak.
Imen Derouiche repeated what she had told the court of first instance, notably that she had been arrested earlier than the date recorded on her police statement, that during police custody she had been tortured and injected with a liquid that had caused her serious physical discomfort.
www.hrw.org /reports/2000/tunisia/1tun-06.htm   (776 words)

  
 OAMI-ONLINE - Judgment of the Court of First Instance T-120/99 "KIK"   (Site not responding. Last check: 2007-10-20)
Finally, the Court holds that, contrary to the contention of the Spanish Government, the applicant has identified with sufficient precision the statutory provisions she claims are illegal.
It is therefore for the Court of First Instance, on foot of the plea of illegality raised by the applicant, to rule on the legality of the rules governing languages established for the Office by the Council.
First, it is apparent from the actual wording of Article 115(3) of Regulation No 40/94 that, by indicating a second language, the applicant accepts use of that language as a language of proceedings only in relation to opposition, revocation or invalidity proceedings.
oami.eu.int /en/mark/aspects/jugement/T-120-99.htm   (4734 words)

  
 CZ.NIC   (Site not responding. Last check: 2007-10-20)
The Court of First Instance proceeded from the fact that Plaintiff a) was an entrepreneur, pursuing his activities in the field of the production and distribution of beer and malt and hostelry trade and using the business firm (formerly trade name) of "AAA X+Y+Z, a.s." since his incorporation in 1994.
The Court of First Instance found it attested that the Plaintiff a) was the owner of the above-specified word-only and combined trademarks and that Defendant No. 1 had been the owner of the "x+y+z.cz" domain since 19 December 2000, using this domain for the purpose of an Internet presentation under an address.
Considering the conclusion reached by the Court of Appeal, the remaining objections to the contested Ruling No. I of the decision rendered by the Court of First Instance were not dealt with by the Court of Appeal.
www.nic.cz /en/verdicts/jud-041.php   (1337 words)

  
 Encyclopedia: Court of First Instance
Advisory bodies The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i.
The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i.
In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.
www.nationmaster.com /encyclopedia/Court-of-First-Instance   (2616 words)

  
 MAGILL EEC CASE DATABASE/COMPULSORY LICENSING
The first is that the Court of First Instance misconstrued Article 3 of Regulation No 17 by holding that the Commission had the power to require a proprietor of intellectual property rights to grant compulsory licences.
The Court of First Instance also regarded it as significant in that regard that the applicants had authorized, free of charge, the publication of their daily listings and highlights of their weekly programmes in the press in both Ireland and the United Kingdom.
ITP adds that this view of the Court of First Instance is not supported by the case law of the Court of Justice and that, due to the imprecision of the criteria used, it undermines legal certainty for copyright owners.
www.hyperlaw.com /magill.htm   (4784 words)

  
 European Court Backs Ban on Antibiotics in Animal Feed - 9/17 Meat Processing News
The Court said that in other cases dealing with food safety (in particular the BSE crisis), the Community Courts have already held that it is possible to take preventive measures without having to wait until the reality and seriousness of the risks become fully apparent.
The Court concluded that, despite uncertainty as to whether there is a link between the use of the antibiotics as additives and the development of resistance to them in humans, the ban on the products is not a disproportionate measure by comparison with the objective pursued, namely the protection of human health.
An appeal, limited to points of law, may be brought before the Court of Justice of the European Communities against the decision of the Court of First Instance within two months of its notification.
www.fass.org /fasstrack/news_item.asp?news_id=697   (750 words)

  
 Project on International Courts and Tribunals
The Court of Justice of the European Communities (ECJ) is the common judicial organ of the three European Communities: the European Coal and Steel Community (ECSC), the European Atomic Energy Community (Euratom) and the European Community (EC).
Moreover, many, including the ECJ itself, regard the Court not as much as an international body, but rather as a supra-national organism, the main purpose of which is to bring about a closer integration between its members, rather than to merely avert conflict between them.
First, the constant expansion of the competencies of the European Communities, as well as the increase in the number of member States (from the original six to 15), led in 1988 to the creation of the Court of First Instance (CFI).
www.pict-pcti.org /courts/ECJ.html   (301 words)

  
 Dáil Éireann - Volume 542 - 17 October, 2001 - Written Answers. - Forestry Premium Payments.
The case to which the Deputy refers was taken independently by Coillte Teoranta to the EU Court of First Instance on the basis of the direct and individual concern to the company of the European Commission's decision to disallow forestry premium payments made by the State to Coillte.
The EU Court of First Instance, under its rules of procedure, considered whether Coillte had the necessary standing to bring the proceedings but ruled that the application was inadmissible.
I understand from Coillte that the decision of the Court of First Instance was not received by the company in time to be included in the annual report for 2000.
www.oireachtas-debates.gov.ie /D/0542/D.0542.200110170072.html   (679 words)

  
 1998 European Court of Human Rights - Conviction of Greece
March 19, 1990 - the Court of First Instance, in Florina, refuses the organisation's application for registration on the basis of clause 2 of its memorandum of association.
What the court neglected to mention, however, was that the items present in clause 2 of the memorandum of association were basically a carbon copy of those found in the clauses of hundreds of other organizations who were already registered and approved by the same court.
The court claims that the motives of this organisation are against the "national interests" and "territorial integrity" of Greece.
www.florina.org /html/1998/conviction/1998_conviction.html   (937 words)

  
 JUDGMENT OF THE COURT OF FIRST INSTANCE 05   (Site not responding. Last check: 2007-10-20)
JUDGMENT OF THE COURT OF FIRST INSTANCE 05
The first category, comprising the 'mandatory exceptions', effectively protects the interest of third parties or of the general public in Cases where disclosure of particular documents by the institution concerned would risk causing harm to persons who could legitimately refuse access to the documents if held in their own possession.
The Court considers, in effect, that the Commission is required to indicate, at the very least by reference to categories of documents, the reasons for which it considers that the documents detailed in the request which it received are related to the possible opening of an infringement procedure.
www.eel.nl /cases/695a0105.htm   (6100 words)

  
 BAILII - Court of Justice of the European Communities (including Court of First Instance Decisions)
It is the responsibility of the Court of Justice to ensure that the law is observed in the interpretation and application of the Treaties establishing the European Communities and of the provisions laid down by the competent Community institutions.
The Court has competence, inter alia, to rule on applications for annulment or actions for failure to act brought by a Member State or an institution, actions against Member States for failure to fulfil obligations, references for a preliminary ruling and appeals against decisions of the Court of First Instance.
The definitive version of these texts is published in the "Reports of Cases before the Court of Justice and the Court of First Instance" which alone are authentic and, in the event of their differing from the electronic version, are alone to be regarded as authoritative.
www.worldlii.org /eu/cases/EUECJ   (524 words)

  
 DOCI - 61998A0014 - bas-cen   (Site not responding. Last check: 2007-10-20)
Judgment of the Court of First Instance (First Chamber) of 19 July 1999.
At the hearing, however, the Council stated that it was not raising this plea of inadmissibility and left it to the Court of First Instance to consider the question of its jurisdiction in the present case.
The fact that under Article L of that Treaty the Court of First Instance does not have jurisdiction to assess the lawfulness of acts falling within Title V thus does not exclude its jurisdiction to rule on public access to those acts.
www.statewatch.org /docbin/caselaw/cfit14-98.html   (5380 words)

  
 JUDGMENT OF THE COURT OF FIRST INSTANCE 22   (Site not responding. Last check: 2007-10-20)
JUDGMENT OF THE COURT OF FIRST INSTANCE 22
JUDGMENT OF THE COURT OF FIRST INSTANCE 22-12-1995
It is thus apparent at first sight that the main action is manifestly inadmissible, without there being any need to consider whether the applicants meet the other condition for admissibility in the fourth paragraph of Article 146 of the Treaty, that the contested decision must be of direct concern to them.
www.eel.nl /cases/695a0219.htm   (3890 words)

  
 CHAN ROBLES VIRTUAL LAW LIBRARY: PHILIPPINE SUPREME COURT DECISIONS ON-LINE
It appears from the Complaint that judgment was entered in the Court of First Instance of the Province of Pangasinan in favor of the defendant Tan Chu Chay and against the plaintiff Isabelo Artacho, for the sum of P3,430, With interest and costs.
This judgment was afterwards affirmed by this court, the case remanded to the Court of First Instance, and execution issued upon the judgment and delivered to the defendant, Antonio Sison, sheriff of the Province of Pangasinan, for service.
The defendant Sison reported to the Court of First Instance of Pangasinan the answer of the plaintiff, Artacho, and the judge thereof, one of the defendants, thereupon ordered the issue of a second execution upon the judgment hereinbefore referred to.
www.chanrobles.com /cralaw19085.htm   (323 words)

  
 The International Practice of the European Communities - Current Survey   (Site not responding. Last check: 2007-10-20)
The Court of First Instance ruled that the Community institutions were not under any obligation to grant individual treatment to Chinese companies because in China it is extremely difficult to establish whether a Chinese company is really independent from the state.
The Court of Justice rejected this claim because it was found that the urea imported from Russia tended to deteriorate during the transport and because security of supply from Russia was not always ensured.
The Court of Justice ruled first that, in the light of the preamble of the Agreement, the situation of peace in Yugoslavia constituted an essential condition for initiating and pursuing cooperation.
www.ejil.org /journal/Vol10/No1/sr1-07.html   (1329 words)

  
 Statewatch Observatory on EU Freedom of Information - Case Law   (Site not responding. Last check: 2007-10-20)
However, the Court ruled for the first time that the private interest of an applicant in obtaining particular documents has to be considered if the institution is aware of it, and furthermore that when discussions on a topic had concluded, the institution no longer had any 'confidentiality' to protect.
The Court ruled that the Commission had not committed a manifest error of assessment in agreeing with the Italian request; it did not rule expressly that Member State's 'requests' are in all cases binding on the EU institutions.
Comment: The Court ruled that at the time (before the Treaty of Amsterdam), the EU institutions were entitled to govern citizens' right of access to documents by means of their internal decision-making rules, rather than by 'constitutional' legislation.
www.poptel.org.uk /statewatch/caselawobs.htm   (2916 words)

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