Traduction de «Irrecevabilité de la requête » (Français → Anglais) :

6. In the case of a decision taken in the accelerated procedure pursuant to Article 27 (6) and of a decision to consider an application inadmissible pursuant to Article 29 (2) (d), and where the right to remain in the Member State pending the outcome of the remedy is not foreseen under national legislation, a court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the Member State, either upon request of the concerned applicant or acting on its own motion.

6. In the case of a decision taken in the accelerated procedure pursuant to Article 27 (6) and of a decision to consider an application inadmissible pursuant to Article 29 (2) (d), and if, in such cases, the right to remain in the Member State pending the outcome of the remedy is not foreseen under national legislation, a court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the Member State, either upon request of the concerned applicant or acting on its own motion.

23 In that regard, the Commission states that, while it is true that the Statute of the Court of Justice and the Rules of Procedure of the Court of First Instance permit non-compliance with certain procedural requirements of an application to be cured, by a procedure of rectification, it is no less true that, even in those cases, the consequence of failure to rectify within the period allowed by the Registrar, as is clear from Article 44(6) of those rules, is that the application is inadmissible.

10 By the order under appeal the Court of First Instance held, first, that the first application did not comply with an essential procedural condition which must be observed if an action is not to be inadmissible, namely the requirement to submit an application bearing the signature of a lawyer authorised to practise before a court of a Member State or of another State which is a party to the EEA Agreement, and, second, that such a breach of procedure could not be cured after expiry of the period prescribed for bringing the action.

1. Neither Article 64 of the Rules of Procedure of the Court of First Instance nor Article 24 of the Statute of the Court of Justice, also applicable to the Court of First Instance pursuant to the first paragraph of Article 53 of that Statute, nor any other provision of the Rules of Procedure of the Court of First Instance and of the Statute of the Court of Justice, place any obligation on the Court of First Instance to advise the party lodging an action that his application is inadmissible when it has not been signed by a lawyer authorised to appear before the Community courts.

– (ES) Madam President, with regard to my speech on the debate about the inadmissibility or supposed inadmissibility of the Schleicher report on the status of parties, I asked for the point to be included in the agenda for today, but I would like to add the following: I made this request pursuant to Rule 111 of the Rules of Procedure, which gives the President the authority to propose it, and I would like this point to be added because here we are not debating a referral back to committee, but whether a commando act during a plenary sitting of Parliament can modify the agenda and wipe a subject as important as this from the attention of ...[+++]the Members of this House for years to come, basically, for ever.