Information;Order — ECLI:EU:C:2023:945
Date: 2023-11-30
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Appeal - unfounded;Appeal - inadmissible;Action for damages
Origin: Belgium

Order of the Court (Eighth Chamber) of 30 November 2023 – Baldan v Commission (Case C‑548/23 P) ( Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Actions for damages – COVID-19 crisis – Conduct of the European Commission, its President and its members – Loss of confidence in the European Union – Non-material damage – Burden of proof – Distortion of the clear sense of the evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded ) 1. Non-contractual liability – Damage – Damage for which compensation is available – Non-material damage caused by a loss of confidence in an EU institution – Precluded (Art. 340, second para., TFEU) (see paragraph 11) 2. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted – Ground of appeal alleging distortion of the clear sense of the evidence – Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion – Requirement that the distortion be obvious from the documents in the file (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 16, 17) 3. Judicial proceedings – Decision taken by way of reasoned order – Possibility of ruling without an oral procedure – Infringement of the rights of the defence – None (Rules of Procedure of the General Court, Art. 126) (see paragraphs 22-26) Operative part 1. The appeal is dismissed as being in part manifestly inadmissible and in part manifestly unfounded. 2. Mr Frédéric Baldan shall bear his own costs.