Keywords
Summary

Keywords

1. Appeals — Pleas in law — Plea against a ground of the judgment not necessary to support the operative part — Plea inoperative — (Statute of the Court of Justice, Art. 58, first subpara.)

2. Appeals — Pleas in law — Incorrect assessment of the facts — Inadmissible — Review by the Court of Justice of assessment of evidence — Excluded unless the sense of evidence has been distorted — (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first subpara.)

Summary

1. It is settled case-law that in appeal proceedings the Court of Justice will reject outright complaints directed against grounds of a judgment of the Court of First Instance included purely for the sake of completeness since they cannot lead to the judgment's being set aside.

see para. 17

2. It is settled case-law that in appeal proceedings the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it. That appraisal does not therefore constitute, save where the clear sense of the evidence has been distorted, a point of law which is subject as such to review by the Court of Justice.

see para. 27