Order of the Court (Fifth Chamber) of 12 July 2012 — Power-One Italy v Commission

(Case C-372/11 P)

‛Appeal — Non-contractual liability — Project co-funded by the financial instrument ‘LIFE’ — Development of a new system of supplying power for use in mobile telephony (‘Pneuma’ project) — Commission decision to end the project and to recover the advance paid — Compensation for the loss allegedly sustained’

1. Appeals — Grounds — Order of the General Court dismissing an action for annulment as manifestly inadmissible — Grounds raised in support of the appeal concerning substantive issues — Manifestly unfounded (Art. 256 TFEU) (see paras 29-38, 47-49)

2. Appeals — Grounds — Inadequate statement of reasons — Order of the General Court dismissing an action for annulment as manifestly inadmissible — Order containing a proper statement of reasons — Unfounded ground (Art. 256 TFEU) (see paras 40-42)

3. Appeals — Grounds — Erroneous assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted — Plea alleging distortion of the clear sense of the evidence — Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 56-58)

Re:

Appeal against the order of the General Court (Sixth Chamber) of 24 May 2011 in Case T-489/08 Power-One Italy v Commission by which that court dismissed an action for compensation for the loss allegedly sustained by the appellant following the Commission’s decision to end the Pneuma project (LIFE04 ENV/IT/000595) intended to co-fund development of a new system of supplying power for use in mobile telephony — Legitimate expectations — Duty to state reasons.

Operative part

1. The appeal is dismissed.

2. Power-One Italy SpA is ordered to pay the costs.

Order of the Court (Fifth Chamber) of 12 July 2012 — Power-One Italy v Commission

(Case C-372/11 P)

‛Appeal — Non-contractual liability — Project co-funded by the financial instrument ‘LIFE’ — Development of a new system of supplying power for use in mobile telephony (‘Pneuma’ project) — Commission decision to end the project and to recover the advance paid — Compensation for the loss allegedly sustained’

1. Appeals — Grounds — Order of the General Court dismissing an action for annulment as manifestly inadmissible — Grounds raised in support of the appeal concerning substantive issues — Manifestly unfounded (Art. 256 TFEU) (see paras 29-38, 47-49)

2. Appeals — Grounds — Inadequate statement of reasons — Order of the General Court dismissing an action for annulment as manifestly inadmissible — Order containing a proper statement of reasons — Unfounded ground (Art. 256 TFEU) (see paras 40-42)

3. Appeals — Grounds — Erroneous assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted — Plea alleging distortion of the clear sense of the evidence — Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 56-58)

Re:

Appeal against the order of the General Court (Sixth Chamber) of 24 May 2011 in Case T-489/08 Power-One Italy v Commission by which that court dismissed an action for compensation for the loss allegedly sustained by the appellant following the Commission’s decision to end the Pneuma project (LIFE04 ENV/IT/000595) intended to co-fund development of a new system of supplying power for use in mobile telephony — Legitimate expectations — Duty to state reasons.

Operative part

1. The appeal is dismissed.