CELEX: 62005CO0320
Language: en
Date: 2007-10-04 00:00:00
Title: 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.

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.