Order of the Court (Sixth Chamber) of 12 January 2006 – Entorn v Commission
(Case C‑162/05 P)
Appeal – EAGGF – Financial participation in a demonstration project concerning the introduction of new cultivation techniques in sumac production – Withdrawal of financial aid).
1. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Failure to specify the error of law relied on – Inadmissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1), first subpara., (c)) (see paras 42-44)
2. Appeals – Grounds – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Rules of Procedure of the Court of First Instance, Art. 66(1) (see para. 49)
3. Procedure – Measures of inquiry (see paras 55-56)
4. Community law – Principles – Fundamental rights – Presumption of innocence (Art. 6 EU) (see paras 59-60)
5. Appeals – Grounds – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 65, 68)
Re:
Application for suspension of the operation of the judgment of the Court of First Instance (Second Chamber) of 18 January 2005 in Case T-141/01 Entorn v Commission , rejecting an application for annulment of the Commission decision withdrawing aid under the European Agricultural Guidance and Guarantee Fund (EAGGF), Guidance Section, granted to the applicant for a demonstration project concerning the introduction of new cultivation techniques
Operative part:
The Court:
1.
Dismisses the appeal;
2.
Orders Entorn, Societat Limitada Enginyeria i Serveis to pay the costs.
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