Order — ECLI:EU:C:2008:47
Date: 2008-01-25
Language of the case: English
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Dumping;External relations;Commercial policy
Concepts: General;Appeals;Intervention
Procedure: Application to intervene;Action for annulment;Appeal

Order of the President of the Court of 25 January 2008 – Provincia di Ascoli Piceno and Comune di Monte Urano v Council (Case C‑462/07 P(I)) Appeal – Intervention – Interest in the result of the case 1. Procedure – Intervention – Conditions of admissibility – Interest in the result of the case – Meaning – Need for a direct and existing interest (Statute of the Court of Justice, Art. 40, second para.) (see paras 5-6) 2. Procedure – Proof – Burden of proof – Obligation to prove matters within common knowledge – None (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 9) 3. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 11) 4. Appeals – Production of new evidence – Inadmissible (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 12) 5. Procedure – Assimilation of regional and local authorites to Member States – Excluded (see para. 15) Re: Appeal against the order of the Court of First Instance (President of the Second Chamber) of 4 September 2007 in Case T‑407/06 Zhejiang Aokang Shoes v Council rejecting an application for leave to intervene in an action for the annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam (OJ 2006 L 275, p. 1). Operative part: The Court: 1. Dismisses the appeal; 2. Orders the Provincia di Ascoli Piceno and the Comune di Monte Urano to bear their own costs.