CELEX: 62006CO0004
Language: en
Date: 2006-09-20 00:00:00
Title: Order of the Court (Fifth Chamber) of 20 September 2006. # Jamal Ouariachi v Commission of the European Communities. # Appeal - Action for damages - Non-contractual liability of the Community - Appeal manifestly inadmissible. # Case C-4/06 P.

Order of the Court (Fifth Chamber) of 20 September 2006 – Quariachi v Commission
      (Case C-4/06 P)
      Appeal – Action for damages – Non-contractual liability of the Community – Appeal manifestly inadmissible
      1.                     Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Failure to
            identify the error of law relied on – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules
            of Procedure of the Court, Art. 112(1)(c)) (see paras 23-24, 29)
      2.                     Appeal – Grounds – Incorrect assessment of the facts – Inadmissible – Review of the evidence by the Court of Justice – Possible
            only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, first
            para.; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 26-27, 29)
      Re:
      
         APPEAL brought against the order of the Court of First Instance (Fifth Chamber) of 26 October 2005 in Case T-124/04 
               Ouariachi
                v 
               Commission
                by which it dismissed, as being manifestly unfounded, the application brought by the present appellant for damages to compensate
                  for the loss which he allegedly suffered as a result of the alleged unlawful conduct of a member of staff of the Commission
                  delegation in Khartoum (Sudan).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  Orders Mr Ouariachi to pay the costs.