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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.
ECLI:EU:C:2007:573
62005CO0320
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(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)
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.