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Document 62005CO0320

Order of the Court (Third Chamber) of 4 October 2007.
Fred Olsen SA v Commission of the European Communities.
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.
Case C-320/05 P.

European Court Reports 2007 I-00131*

ECLI identifier: ECLI:EU:C:2007:573





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:

 

The appeal is dismissed.

 

Fred Olsen SA is ordered to pay the costs.

 

The Kingdom of Spain is ordered to bear its own costs.

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