Order of the Court (Seventh Chamber) of 14 April 2011 – Marcuccio v Court of Justice
(Case C‑460/10 P)
Appeal – Non-contractual liability – Representation of the appellant – Lawyer not authorised to act – Service of an appeal – Claim for damages – Court of Justice of the European Union – Rejection – Action for annulment – Harm allegedly suffered – Action for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
1.Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 28-29, 45)
2.Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 32, 36, 38)
3.Procedure – Measures of inquiry – Hearing of witnesses – Discretion of the Court of First Instance (Rules of Procedure of the General Court, Art. 66(1)) (see paras 49-51)
Re:
| Appeal against the order of the General Court (Sixth Chamber) of 6 July 2010 in Case T‑401/09 | Marcuccio | v | Commission | , in which that court dismissed, first, the action for annulment of the purported decisions of the Court of Justice dismissing the claim for compensation for the harm allegedly suffered as a result of an alleged unlawful act committed when the appeal was served on Mr Luigi Marcuccio in Case T‑20/09P and, second, a claim for damages. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Mr Marcuccio is ordered to pay the costs of the appeal. |