1. 

EU law — Principles — Rights of defence — Principle of the equality of arms — Compliance in the context of judicial proceedings — Scope — Introduction of a new procedural document during the hearing — Admissibility — Conditions (see paras 40-45)

2. 

Appeal — Grounds — Incorrect assessment of the facts and evidence — 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 55, 62-66)

3. 

Commission — Termination of a Commissioner’s functions — Discretion of the Commission President to demand a Commissioner’s resignation — Conditions of exercise — Failure to step down on the part of the Commissioner concerned (Art. 17(6) TEU) (see paras 75-78)

4. 

Commission — Termination of a Commissioner’s functions — Discretion of the Commission President to demand a Commissioner’s resignation — Reference by the President to the possibility of using that power against a Member — To be treated as actual use of that power — Not included (Art. 17(6) TEU) (see para. 79)

1. 

The appeal is dismissed.

2. 

Mr John Dalli is ordered to pay the costs.