Order of the Court (Sixth Chamber) of 12 December 2006 – Autosalone Ispra v Commission
(Case C‑129/06 P)
Appeal – Non-contractual liability of the European Atomic Energy Community – Overflowing drain – Misinterpretation of the evidence – Measures of inquiry
1.Appeal – Grounds – Plea against a ground of the judgment not necessary to support its operative part – Plea inoperative (see para. 17)
2.Appeal – Grounds – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (see para. 22)
3.Appeal – Grounds – Incorrect assessment of the facts – Inadmissible –Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see para. 28)
4.Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court, Art. 112(1)(c)) (see para. 30)
Re:
| Appeal against the judgment of the Court of First Instance (Second Chamber) of 30 November 2005 in Case T‑250/02 | Autosalone Ispra | v | Commission | , in which the Court of First Instance dismissed an application for a declaration that the Community was liable for the damage allegedly suffered by the applicant as a result of an overflowing drain the management and maintenance of which are the responsibility of the Joint Research Centre in Ispra – Breach of the procedural rules concerning the burden of proof. |
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Autosalone Ispra Snc to pay the costs. |