Order of the Court (Third Chamber) of 4 October 2007 – Olsen v Commission
(Case C‑320/05 P)
Appeal – State aid – Maritime transport – Maritime cabotage – Existing aid – New aid – Aid that may be declared compatible with the common market – Service of general economic interest – Appeal in part manifestly inadmissible and in part manifestly unfounded
1.Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice 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 paras 47, 69-70)
2.Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Inadmissibility – Challenge to the interpretation or application of Community law made by the Court of First Instance – Whether admissible (Art. 225(1), EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 48-50)
3.Appeals – Grounds – Review by the Court of refusal by the Court of First Instance to order measures of inquiry – Scope (Rules of Procedure of the Court of First Instance, Art. 66(1)) (see paras 63-64)
4.Appeals – Grounds – Inadequate statement of reason – Whether admissible (see para. 111)
Re:
| Appeal against the judgment of the Court of First Instance (Second Chamber, Extended Composition) of 15 June 2005 in Case T-17/02 | Olsen | v | Commission | , in which the Court rejected the action for annulment of the Commission’s decision of 25 July 2001 relating to State aid file NN 48/2001 – Spain – Aid for the Transmediterránea shipping company (OJ 2002 C 96, p. 4). |
Operative part:
1. |
| The appeal is dismissed. |
2. |
| Fred Olsen SA is ordered to pay the costs. |
3. |
| The Kingdom of Spain is ordered to bear its own costs. |