Judgment_paragraph 60 · Industrias Químicas del Vallés SA v Commission of the European Communities (C-326/05 P)

60As to whether the ground of appeal is well founded, it should be recalled that there is distortion of the clear sense of the evidence where, without recourse to new evidence, the assessment of the existing evidence appears to be clearly incorrect (PKK and KNK v Council, paragraph 37, and, to that effect, see also Case C-551/03 P General Motors v Commission [2006] ECR I-3173, paragraph 54).