Judgment_paragraph 76 · Mag Instrument Inc. v European Union Intellectual Property Office (C-136/02 P)

76Next, as regards the criticism of the Court of First Instance for not wishing to hear the author of the expert's report produced by the appellant, as the latter proposed, it must be pointed out that the Court of First Instance is the sole judge of any need for the information available to it concerning the cases before it to be supplemented. Whether or not the evidence before it is sufficient is a matter to be appraised by it alone and, as already noted at paragraph 39 of this judgment, is not subject to review by the Court of Justice on appeal, except where the clear sense of that evidence has been distorted or the substantive inaccuracy of the Court of First Instance's findings is apparent from the documents in the case-file (Case C-315/99 P Ismeri Europa v Court of Auditors [2001] ECR I-5281, paragraph 19, and Joined Cases C-24/01 P and C-25/01 P Glencore and Compagnie Continentale v Commission [2002] ECR I-10119, paragraphs 77 and 78).

Mag Instrument Inc. v European Union Intellectual Property Office (C-136/02 P)

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