Order of the Court (Fifth Chamber) of 20 September 2006 – Quariachi v Commission
(Case C-4/06 P)
Appeal – Action for damages – Non-contractual liability of the Community – Appeal manifestly inadmissible
1.Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Failure to identify the error of law relied on – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 23-24, 29)
2.Appeal – Grounds – Incorrect assessment of the facts – Inadmissible – Review of the evidence by the Court of Justice – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 26-27, 29)
Re:
| APPEAL brought against the order of the Court of First Instance (Fifth Chamber) of 26 October 2005 in Case T-124/04 | Ouariachi | v | Commission | by which it dismissed, as being manifestly unfounded, the application brought by the present appellant for damages to compensate for the loss which he allegedly suffered as a result of the alleged unlawful conduct of a member of staff of the Commission delegation in Khartoum (Sudan). |
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Mr Ouariachi to pay the costs. |