CELEX: 62006CO0129
Language: en
Date: 2006-12-12 00:00:00
Title: Order of the Court (Sixth Chamber) of 12 December 2006. # Autosalone Ispra Snc v European Atomic Energy Community. # Appeal - Non-contractual liability of the European Atomic Energy Community - Overflowing drain - Misinterpretation of the evidence - Measures of inquiry. # Case C-129/06 P.

Order of the Court (Sixth Chamber) of 12 December 2006 – Autosalone Ispra v Commission
      (Case C‑129/06 P)
      Appeal – Non-contractual liability of the European Atomic Energy Community – Overflowing drain – Misinterpretation of the evidence – Measures of inquiry
      1.                     Appeal – Grounds – Plea against a ground of the judgment not necessary to support its operative part – Plea inoperative (see
            para. 17)
      2.                     Appeal – Grounds – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence
            has been distorted (see para. 22)
      3.                     Appeal – Grounds – Incorrect assessment of the facts – Inadmissible –Review by the Court of the assessment of the evidence
            – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art.
            58) (see para. 28)
      4.                     Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21; Rules of Procedure
            of the Court, Art. 112(1)(c)) (see para. 30)
      Re:
      
         Appeal against the judgment of the Court of First Instance (Second Chamber) of 30 November 2005 in Case T‑250/02 
               Autosalone Ispra 
               v
                Commission
               , in which the Court of First Instance dismissed an application for a declaration that the Community was liable for the damage
                  allegedly suffered by the applicant as a result of an overflowing drain the management and maintenance of which are the responsibility
                  of the Joint Research Centre in Ispra – Breach of the procedural rules concerning the burden of proof. 
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  Orders Autosalone Ispra Snc to pay the costs.