ECJ Appeal – Non-contractual liability of the European Union – Action for damages – Commission decision to initiate a formal investigation procedure – Prejudicial statements – Appeal in part manifestly inadmissible and in part manifestly unfounded
1. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Manifest inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2) (see paras 31, 32, 47, 51, 52, 94)
2. Appeals – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Lawfulness – Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see para. 43)
3. Appeals – Grounds – Mistaken assessment of the facts – 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.; Rules of Procedure of the Court of Justice, Arts 168(1)(d)) (see paras 62-64)
4. Appeals – Grounds – Mistaken assessment of the facts – Erroneous assessment of the existence of harm and of the ensuing compensation – Review exercised by the Court of Justice – Limits (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para,) (see paras 80, 83)
5. Appeals – Grounds – Specific criticism of a point of the General Court’s reasoning necessary (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169(2)) (see para. 85)
Citations:
C-34/12, [2013] EUECJ C-34/12P, ECLI:EU:C:2013:552
Links:
Jurisdiction:
European
Constitutional
Updated: 30 March 2022; Ref: scu.595014