Judgment of the Court of Justice (Ninth Chamber) of 14 March 2019 — Meta Group v Commission
(Case C‑428/17 P) ( 1 )
(Appeal — Arbitration clause — Grant agreements concluded in the context of the Sixth Framework Programme for Research, Technological Development and Demonstration Activities (2002-2006) — Grant agreements concluded in the context of the Competitiveness and Innovation Framework Programme (2007-2013) — Amounts allegedly owed by the European Commission in relation to the performance of those agreements — Outstanding balance of the total amount of the financial contribution granted to the appellant — Contractual liability)
- Appeal — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the interpretation of a contract term — Not included / precluded
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169)
(see para. 23)
- Appeal — Grounds — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Material inaccuracy of the finding not clear from the case file — Inadmissibility
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169(2))
(see paras 24, 67)
- Appeal — Grounds — Specific criticism of a point of the General Court’s reasoning necessary
(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2))
(see para. 27)
- Appeal — Grounds — Plea against a ground of the judgment not necessary to support the operative part — Invalid plea in law
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 56, first para.)
(see paras 40, 57, 74)
- Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility — Arguments simply constituting an amplification of a plea relied on in the application — Admissibility
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see para. 42)
Operative part
The Court:
-
dismisses the appeal;
-
orders Meta Group Srl to pay the costs.
( 1 ) OJ C 293, 4.9.2017.