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Document 62006CO0129

Order of the Court (Sixth Chamber) of 12 December 2006.
Autosalone Ispra Snc v European Atomic Energy Community.
Appeal - Non-contractual liability of the European Atomic Energy Community - Overflowing drain - Misinterpretation of the evidence - Measures of inquiry.
Case C-129/06 P.

European Court Reports 2006 I-00131*

ECLI identifier: ECLI:EU:C:2006:775





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.

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