Judgment of the Court (Second Chamber) of 2 April 2009 – Yedaş Tarim ve Otomotiv Sanayi ve Ticaret v Council and Commission
(Case C‑255/06 P-REV)
Procedure – Application for revision – Application concerning an order made under Article 119 of the Rules of Procedure – Conditions – Appeal – New fact – Inadmissibility
1.Procedure – Revision of a judgment – Application concerning an order rejecting an appeal as manifestly inadmissible and unfounded – Admissibility (Statute of the Court of Justice, Art. 44; Rules of Procedure of the Court of Justice, Art. 119) (see para. 15)
2.Procedure – Revision of a judgment – Conditions for the admissibility thereof – New fact – Meaning (Statute of the Court of Justice, Art. 44; Rules of Procedure of the Court of Justice, Art. 119) (see paras 16, 19-20)
3.Procedure – Revision of a judgment – Conditions for the admissibility thereof (Rules of Procedure of the Court of Justice, Arts 98 and 99(1)) (see paras 22-24, 26)
Re:
| Application for revision of the order of the Court of Justice (Second Chamber) of 5 July 2007 in Case 255/06 P – Dismissal as partly clearly inadmissible and partly clearly unfounded of the appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 30 March 2006. |
Operative part
The Court:
1. |
| Dismisses the application for revision brought by Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ as inadmissible; |
2. |
| Orders Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ to pay the costs. |