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Document 62006CO0129

    Digriet tal-Qorti tal-Ġustizzja (is-Sitt Awla) tat-12 ta' Diċembru 2006.
    Autosalone Ispra Snc vs Il-Komunità Ewropea dwar l-Enerġija Atomika.
    Appell.
    Kawża C-129/06 P.

    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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