Order — ECLI:EU:C:2017:86
Date: 2017-02-01
Language of the case: Croatian
Court formation: Tenth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Appeal - inadmissible;Action for damages
Origin: Croatia

Summary — Order of the Court (Tenth Chamber) 1 February 2017 1. Appeal — Grounds — Error of law relied on not identified — Inadmissibility (Art. 256(1) 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. Appeal — Grounds — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted — Review of the legal classification given to the facts of the dispute — Included (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.) 1. An appeal must indicate precisely the contested elements of the order which the appellant seeks to have set aside, and the legal arguments specifically advanced in support of the appeal. A ground of appeal does not meet those requirements which does not contain any legal argument to demonstrate the manner in which the General Court allegedly erred in law, and which is merely constitutes a request to have the action brought at first instance re-examined, in breach of the rules imposed by both the Statute of the Court of Justice and its Rules of Procedure. (see para. 23) 2. It follows from Article 256(1), second subparagraph, TFEU and Article 58, first paragraph, of the Statute of the Court of Justice that the General Court has exclusive jurisdiction, first, to find the facts, except where the substantive inaccuracy of its findings is apparent from the documents submitted to it, and, second, to assess those facts. When the General Court has established or assessed the facts, the Court of Justice has jurisdiction under the abovementioned Article 256 to review the legal characterisation of those facts by the General Court and the legal conclusions it has drawn from them. (see para. 24)