Council of the European Union and Commission of the European Communities v Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT) (C-191/09 P, C-200/09 P)

Judgment of 16 Feb 2012

law://eu/cjeu/2009/c-191-09/para_160@2026-11-13

160In that regard, it should be noted that it is not the task of the Court of Justice on appeal to substitute its own assessment of the evidence for that made by the General Court. In that regard, it is not for the Court of Justice to criticise the choices made by the General Court in the context of that examination, in particular where it decides to rely on certain items of evidence before it and to reject others, except where it finds that the General Court distorted the evidence by misinterpreting its clear content. That is not the case here since, in the context of that part of the present plea, Niko Tube and NTRP accuse the General Court solely of having made arbitrary choice between allegedly contradictory evidence, but do not allege that the findings at issue contradict the evidence on which the General Court based its decision.

Council of the European Union and Commission of the European Communities v Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT) (C-191/09 P, C-200/09 P)

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