Order — ECLI:EU:C:2016:545
Date: 2016-07-12
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: Public health
Procedure: Appeal - unfounded;Appeal - inadmissible;Action for damages
Origin: Spain

Order of the Court (Fifth Chamber) of 12 July 2016 — Pérez Gutiérrez v Commission (Case C‑604/15 P) (1) Appeal — Rules of Procedure of the Court of Justice — Article 181 — Non-contractual liability of the European Union — Public health — Photographs proposed by the European Commission for the health warnings to be shown on packaging for tobacco products — Unauthorised use of the image of a deceased person 1. Appeal — Grounds — 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(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 26, 43) 2. Appeal — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.,) (see para. 27) 3. EU law — Principles — Rights of defence — Principle of the equality of arms — Compliance in the context of judicial proceedings — Scope (see paras 33, 34) 4. Judicial proceedings — Burden of proof — Documentary evidence — Probative value — Assessment by the EU judicature — Criteria (Rules of Procedure of the Court of Justice, Art. 64) (see para. 38) Operative 1. The appeal is dismissed. 2. Mrs Ana Pérez Gutiérrez shall pay the costs. 1 OJC 38, 1.2.2016.