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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.
ECLI:EU:C:2006:775
62006CO0129
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(Case C‑129/06 P)
Appeal – Non-contractual liability of the European Atomic Energy Community – Overflowing drain – Misinterpretation of the evidence – Measures of inquiry
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.