CELEX: 62010CO0460
Language: en
Date: 2011-04-14 00:00:00
Title: Order of the Court (Seventh Chamber) of 14 April 2011. # Luigi Marcuccio v Court of Justice of the European Union. # Appeal - Non-contractual liabity - Representation of the appellant - Lawyer not authorised to act - Service of an appeal - Claim for damages - Court of Justice of the European Union - Rejection - Action for annulment - Harm allegedly suffered - Action for damages - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-460/10 P.

Order of the Court (Seventh Chamber) of 14 April 2011 – Marcuccio v Court of Justice
      (Case C‑460/10 P)
      Appeal – Non-contractual liability – Representation of the appellant – Lawyer not authorised to act – Service of an appeal – Claim for damages – Court of Justice of the European Union – Rejection – Action for annulment – Harm allegedly suffered – Action for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
      1.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – 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 TFEU; Statute of the Court
            of Justice, Art. 58, first para.) (see paras 28-29, 45)
      2.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law
            relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras
            32, 36, 38)
      3.                     Procedure – Measures of inquiry – Hearing of witnesses – Discretion of the Court of First Instance (Rules of Procedure of
            the General Court, Art. 66(1)) (see paras 49-51)
      Re: 
      
         Appeal against the order of the General Court (Sixth Chamber) of 6 July 2010 in Case T‑401/09 
               Marcuccio
                v 
               Commission
               , in which that court dismissed, first, the action for annulment of the purported decisions of the Court of Justice dismissing
                  the claim for compensation for the harm allegedly suffered as a result of an alleged unlawful act committed when the appeal
                  was served on Mr Luigi Marcuccio in Case T‑20/09 P and, second, a claim for damages.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Marcuccio is ordered to pay the costs of the appeal.