ECLI:EU:C:2012:462•Order of the Court (Fifth Chamber) of 12 July 2012.#Power-One Italy SpA v European Commission.#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.#Case C‑372/11 P.
Order of the Court (Fifth Chamber) of 12 July 2012.#Power-One Italy SpA v European Commission.#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.#Case C‑372/11 P.
ECLI:EU:C:2012:462Eu Chamb 05 CJul 12, 2012
Full text
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. |
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