Order of the President of the Court of 25 January 2008 – Provincia di Ascoli Piceno and Comune di Monte Urano v Council
(Case C‑462/07 P(I))
Appeal – Intervention – Interest in the result of the case
1. Procedure – Intervention – Conditions of admissibility – Interest in the result of the case – Meaning – Need for a direct and existing interest (Statute of the Court of Justice, Art. 40, second para.) (see paras 5-6)
2. Procedure – Proof – Burden of proof – Obligation to prove matters within common knowledge – None (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 9)
3. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 11)
4. Appeals – Production of new evidence – Inadmissible (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 12)
5. Procedure – Assimilation of regional and local authorites to Member States – Excluded (see para. 15)
Re:
Appeal against the order of the Court of First Instance (President of the Second Chamber) of 4 September 2007 in Case T‑407/06 Zhejiang Aokang Shoes v Council rejecting an application for leave to intervene in an action for the annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam (OJ 2006 L 275, p. 1).
Operative part:
The Court:
1.
Dismisses the appeal;
2.
Orders the Provincia di Ascoli Piceno and the Comune di Monte Urano to bear their own costs.
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