Order of the Court (Fifth Chamber) of 12 July 2016

Data

Court: Court of Justice

Case date: 12 juli 2016

Verdict

Order of the Court (Fifth Chamber) of 12 July 2016 —

Pérez Gutiérrez v Commission

(Case C‑604/15 P)^(*)

"Appeal - Rules of Procedure of the Court of Justice - Article 181 - Non-contractual liability of the European Union - Public health - Photographs proposed by the European Commission for the health warnings to be shown on packaging for tobacco products - Unauthorised use of the image of a deceased person"

AppealGroundsReview by the Court of the assessment of the facts and evidencePossible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 26, 43)

AppealGroundsInadequate statement of reasonsReliance by the General Court on implied reasoningLawfulnessConditions (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.,) (see para. 27)

EU lawPrinciplesRights of defencePrinciple of the equality of armsCompliance in the context of judicial proceedingsScope (see paras 33, 34)

Judicial proceedingsBurden of proofDocumentary evidenceProbative valueAssessment by the EU judicatureCriteria (Rules of Procedure of the Court of Justice, Art. 64) (see para. 38)

Operative

The appeal is dismissed.
Mrs Ana Pérez Gutiérrez shall pay the costs.