Judgment of the Court (Fifth Chamber) 16 June 1994

In Case C-39/93 P,

THE COURT (Fifth Chamber), composed of: J. C. Moitinho de Almeida, President of the Chamber, D. A. O. Edward, R. Joliet (Rapporteur), G. C. Rodríguez Iglesias and M. Zuleeg, Judges, Advocate General: C. O. Lenz, Registrar: L. Hewlett, Administrator,

having regard to the Report for the Hearing,

after hearing oral argument from the parties at the hearing on 25 November 1993,

after hearing the Opinion of the Advocate General at the sitting on 10 February 1994,

gives the following

Judgment

The appeal

The first plea: misconstruction of the legal concept of a complaint

The second plea: misconstruction of the concept of actionable decision

The third plea: infringement of the principles of good faith and legal certainty

Referral of the case back to the Court of First Instance

1 Language of the case: French.