Judgment of the Court (Eighth Chamber) of 16 September 2020 –BP v FRA
(Case C‑669/19 P) ( 1 )
(Appeal – Non-contractual liability – Access to documents – Protection of personal data – Allegedly irregular disclosure of such data – Regulations (EC) No 1049/2001 and No 45/2001 – Admissibility of pleas and offers of evidence before the General Court of the European Union – Allocation of costs)
- Judicial proceedings – Introduction of new pleas during the proceedings – Conditions – Plea based on matters which have come to light in the course of the procedure – Late submission of the application to introduce a new plea in law – Inadmissibility
(Rules of Procedure of the General Court, Art. 84(1) and (2))
(see paras 14-16, 20-23)
- Appeals – Pleas in law – Error of law relied on not identified – Inadmissibility
(Art. 256 TFUE; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169(2))
(see paras 26, 27)
- Actions for damages – Application – Lack of precision as regards the extent of the damage – Admissibility – Conditions – Allegation by the applicant of facts justifying that omission
(Art. 340, second para., TFEU)
(see para. 39)
- Judicial proceedings – Production of evidence – Time limit – Evidence lodged out of time – Conditions
(Rules of Procedure of the General Court, Art. 85(1), (2) and (4))
(see para. 41)
- Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted – Failure to observe the rules of evidence – Question of law amenable to judicial review on appeal
(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see para. 42)
- Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – 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 – Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion
(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see paras 63, 64)
- Appeal – Grounds – Plea directed against the decision of the General Court on costs – Inadmissible where all other pleas are rejected
(Statute of the Court of Justice, Art. 58, second para.)
(see para. 84)
Operative part
The Court:
-
Dismisses the appeal;
-
Orders BP to bear her own costs and to pay those incurred by the European Union Agency for Fundamental Rights (FRA).
( 1 ) OJ C 383, 11.11.2019.