| | CFIR-114 (Rules of Procedure)Decision on admissibility    
| CFI (Rules of Procedure) | Article 114 | 1. A party applying to the Court of First Instance for a decision on admissibility, on lack of competence or other preliminary plea not going to the substance of the case shall make the application by a separate document. The application must contain the pleas of fact and law relied on and the form of order sought by the applicant; any supporting documents must be annexed to it.
2. As soon as the application has been lodged, the President shall prescribe a period within which the opposite party may lodge a document containing the form of order sought and the arguments of fact and law relied on.
3. Unless the Court of First Instance otherwise decides, the remainder of the proceedings shall be oral.
4. The Court of First Instance shall, after hearing the Advocate General, decide on the application or reserve its decision for the final judgment. It shall refer the case to the Court of Justice if the case falls within the jurisdiction of that Court. If the Court of First Instance refuses the application or reserves its decision, the President shall prescribe new time-limits for further steps in the proceedings. |
| Case | Pte | Ref | Text | T-140/04
Adviesbureau Ehcon | 24-25 | CFIR-111
CFIR-114 | 24. Under Article 114(1) of the Rules of Procedure, the Court may, if one of the parties so requests, rule on admissibility without going to the substance of the case. Under Article 114(3), the remainder of the procedure is to be oral, unless the Court of First Instance otherwise decides.
25. Furthermore, under Article 111 of the Rules of Procedure, where it is clear that the Court of First Instance has no jurisdiction to take cognisance of an action or where the action is manifestly inadmissible or manifestly lacking any foundation in law, the Court of First Instance may, without taking any further steps in the proceedings, give a decision on the action by reasoned order.
26. In the present case, the Court considers that it has sufficient information from the documents before it and will therefore give its decision without taking any further steps in the proceedings. |
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