Order — ECLI:EU:C:1997:465
Date: 1997-10-06
Language of the case: French
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: Appeals
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Belgium;United Kingdom

Summary of the O r d e r 
Appeals — Pleas in Uw — Erroneous assessment of the facts — Inadmissibility — Review by the 
Court of Justice of the assessment of evidence — None save where the clear sense has been dis­
torted 
(EC Treaty, Art. 168a; EC Statute of the Court of Justice, Art. 51) 
Under Article 168a of the EC Treaty and the 
first paragraph of Article 51 of the EC Stat­
ute of the Court of Justice, an appeal may be 
based only on grounds relating to the 
infringement by the Court of First Instance 
of rules of law, to the exclusion of any 
appraisal of the facts. 
Therefore, the Court of First Instance alone 
has jurisdiction, first, to find the facts except 
where a substantive inaccuracy in its findings 
is attributable to the documents submitted to 
it and, second, to assess those facts. More­
over, provided that the evidence has been 
properly obtained and the general principles 
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SUMMARY — CASE C-55/97 P 
of law and the rules of procedure in relation 
to the burden of proof and the taking of evi­
dence 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 assessment does not, 
therefore, constitute (save where the clear 
sense of that evidence has been distorted) a 
point of law which is subject, as such, to 
review by the Court of Justice. 
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