Judgment_paragraph 49 · European Commission v Augusto Brazzelli Lualdi (C-136/92 P)

49The Court of First Instance thus has exclusive jurisdiction to find the facts except where the substantive inaccuracy of its findings is apparent from the documents submitted to it. In the present case the findings of the Court of First Instance relating to the events which preceded the adoption of Regulation No 3294/88 (paragraph 11 of the judgment), which are not challenged, can no longer be questioned. The Court of First Instance has also exclusive jurisdiction to assess those facts. In the present case the same is true of its assessment that the transmission on 23 December 1985 by the Commission to the Council of the second proposal relating to weightings could have taken place more speedily so that the legislation could have been adopted as early as 1 January 1984 (paragraph 39 of the judgment). On the other hand, when the Court of First Instance has found or assessed facts, the Court of Justice has jurisdiction to exercise the review required of it by Article 168a of the EEC Treaty provided that the Court of First Instance has defined their legal nature and determined the legal consequences. In the present case that applies to the assessment by the Court of First Instance that the slowness of the preparatory procedure constituted a fault (paragraph 39 of the judgment).

European Commission v Augusto Brazzelli Lualdi (C-136/92 P)

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