Order of the Court (Sixth Chamber) of 20 January 2009 – Mebrom v Commission
(Case C‑374/07 P)
Appeal – Non-contractual liability of the Commission – Certain and actual loss – Distortion of the clear sense of the facts and the evidence – Burden of proof
1.Appeals – 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 paras 52-55, 65-67)
2.Appeals – Grounds – Plea against a ground of the judgment not necessary to support the operative part – Invalid plea in law (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 56-59, 73, 81, 92-96)
3.Non-contractual liability – Conditions – Actual and certain damage – Burden of proof (Art. 288 EC) (see paras 80, 82-84)
4.Appeals – Grounds – Error of law relied on not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 99-101)
Re:
| Appeal against the judgment of the Court of First Instance (Second Chamber) of May 2007 in Case T-198/05 | Mebrom | v | Commission | , by which that Court dismissed as unfounded an action for compensation for the damage allegedly suffered by the appellant following the Commission’s failure to set up, for January and February 2005, a system allowing it to import methyl bromide into the European Union in accordance with Articles 6 and 7 of Regulation (EC) No2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ 2000 L 244, p.1). |
Operative part:
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Mebrom NV to pay the costs. |