Judgment of the Court (Sixth Chamber) of 8 May 2003.
T. Port GmbH & Co. KG v Commission of the European Communities.
C-122/01 P • 62001CJ0122 • ECLI:EU:C:2003:259
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«(Appeal – Bananas – Common organisation of the markets – Regulation (EC) No 478/95 – Export licence scheme – Action for damages – Proof of damage and causal link)»
1.. Appeals – Pleas in law – Plea against a ground of the judgment not necessary to support the operative part – Plea inoperative (Statute of the Court of Justice, Art. 58, first subpara.)
2.. Appeals – Pleas in law – Incorrect assessment of the facts – Inadmissible – Review by the Court of Justice of assessment of evidence – Excluded unless the sense of evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first subpara.)
JUDGMENT OF THE COURT (Sixth Chamber) 8 May 2003 (1)
((Appeal – Bananas – Common organisation of the markets – Regulation (EC) No 478/95 – Export licence scheme – Action for damages – Proof of damage and causal link))
In Case C-122/01 P,
appellant,
APPEAL against the judgment of the Court of First Instance of the European Communities (Fifth Chamber) of 1 February 2001 in Case T-1/99
the other party to the proceedings being:
THE COURT (Sixth Chamber),,
composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen (Rapporteur), V. Skouris, F. Macken and N. Colneric, Judges,
Advocate General: P. Léger,
having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 4 July 2002,
after hearing the Opinion of the Advocate General at the sitting on 24 October 2002,
gives the following
The first two grounds of appeal
The third ground of appeal
The fourth ground of appeal
The fifth ground of appeal
On those grounds,
THE COURT (Sixth Chamber)
hereby:
Puissochet
Schintgen
Skouris
Macken
Colneric
Delivered in open court in Luxembourg on 8 May 2003.
R. Grass
J.-P. Puissochet
Registrar
President of the Sixth Chamber
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