Order of the Court (Fifth Chamber) of 12July 2012—
Power-One Italy v Commission
(Case C‑372/11P)
Appeal— Non‑contractual liability— Project co‑funded by the financial instrument ‘LIFE’— Development of a new system of supplying power for use in mobile telephony (‘Pneuma’ project)— Commission decision to end the project and to recover the advance paid— Compensation for the loss allegedly sustained
1.Appeals— Grounds— Order of the General Court dismissing an action for annulment as manifestly inadmissible— Grounds raised in support of the appeal concerning substantive issues— Manifestly unfounded (Art.256 TFEU) (see paras 29-38, 47-49)
2.Appeals— Grounds— Inadequate statement of reasons— Order of the General Court dismissing an action for annulment as manifestly inadmissible— Order containing a proper statement of reasons— Unfounded ground (Art.256 TFEU) (see paras40-42)
3.Appeals— Grounds— Erroneous assessment of the facts— Inadmissibility— Review by the Court of the findings of fact— Possible only where the clear sense of the evidence has been distorted— Plea alleging distortion of the clear sense of the evidence— Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art.256 TFEU; Statute of the Court of Justice, Art.58, first para.) (see paras56-58)
Re:
| Appeal against the order of the General Court (Sixth Chamber) of 24May 2011 in Case T‑489/08 | Power-One Italy | v | Commission | by which that court dismissed an action for compensation for the loss allegedly sustained by the appellant following the Commission’s decision to end the Pneuma project (LIFE04 ENV/IT/000595) intended to co‑fund development of a new system of supplying power for use in mobile telephony— Legitimate expectations— Duty to state reasons. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Power‑One Italy SpA is ordered to pay the costs. |