Glancy and Ronald Cohen, residing in Manchester (United Kingdom), Partiesīlackspur DIY Ltd, a company incorporated under the law of England and Wales, with its registered office at Unsworth, Bury (United Kingdom), That appraisal does not, therefore, save where the sense of the evidence has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice.Ĩ It is first and foremost for the party seeking to establish the Community's liability to adduce conclusive proof as to the existence or extent of the damage he alleges and to establish the causal link between that damage and the conduct complained of on the part of the Community institutions. 51, first para.)ģ Appeals - Pleas in law - Erroneous assessment of items of evidence adduced in the proper manner - Inadmissibility - DismissalĤ Non-contractual liability - Conditions - Damage - Causal link - Burden of proofĥ In accordance with Article 168a of the Treaty and Article 51 of the Statute of the Court of Justice, an appeal may rely only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts.Ħ On an appeal, a plea directed against reasoning in a judgment of the Court of First Instance which was not necessary to the result of the case, where the operative part of that judgment is adequately supported on other legal grounds, must be dismissed.ħ It is for the Court of First Instance alone to assess the value which should be attached to the items of evidence adduced before it. (EC Statute of the Court of Justice, Art. 51, first para.)Ģ Appeals - Pleas in law - Plea directed against a ground of the judgment not necessary to support the operative part - Plea inoperative 168a EC Statute of the Court of Justice, Art. Summary Parties Grounds Decision on costs Operative part Keywordsġ Appeals - Pleas in law - Erroneous assessment of the facts - Inadmissibility Glancy and Ronald Cohen v Council of the European Union and Commission of the European Communities.Īppeal - Non-contractual liability of the Community - Causal link - Anti-dumping duties - Commission Regulation No 3052/88 and Council Regulation No 725/89. Judgment of the Court (First Chamber) of 16 September 1997.īlackspur DIY Ltd, Steven Kellar, J.M.A. # Appeal - Non-contractual liability of the Community - Causal link - Anti-dumping duties - Commission Regulation No 3052/88 and Council Regulation No 725/89. Glancy and Ronald Cohen v Council of the European Union and Commission of the European Communities. # Blackspur DIY Ltd, Steven Kellar, J.M.A. Judgment of the Court (First Chamber) of 16 September 1997.