Judgment_paragraph 99 · Dalmine SpA v Commission of the European Communities (C-407/04 P)

99In so far as the appellant alleges that the Court of First Instance has misused its powers, it must be borne in mind that a misuse of powers exists when an institution exercises its powers with the exclusive or main purpose of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case (Case C-48/96 P Windpark Groothusen v Commission [1998] ECR I-2873, paragraph 52, and Case C-342/03 Spain v Council [2005] ECR I-1975, paragraph 64).