# C_2008223EN.01001002.xml

| 30.8.2008 | EN | Official Journal of the European Union | C 223/10 |
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30.8.2008

EN

Official Journal of the European Union

C 223/10

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Judgment of the Court (Fourth Chamber) of 17 July 2008 — Athinaïki Techniki AE v Commission of the European Communities, Athens Resort Casino AE Symmetochon

(Case C-521/06 P) (1)

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(Appeal - State aid - Aid granted by the Hellenic Republic to the Hyatt Regency consortium - Complaint - Decision to take no further action on the complaint - Regulation (EC) No 659/1999 - Articles 4, 13 and 20 - Concept of ‘act open to challenge’ for the purposes of Article 230 EC)

(2008/C 223/15)

Language of the case: French

Parties

Appellant: Athinaïki Techniki AE (represented by: S. A. Pappas, dikigoros)

Appellant:

Other parties to the proceedings: Commission of the European Communities (represented by: D. Triantafyllou, Agent), Athens Resort Casino AE Symmetochon (represented by: F. Carlin, Barrister, and N. Korogiannakis, dikigoros)

Other parties to the proceedings:

Re:

Appeal brought against the order of the Court of First Instance (Second Chamber) of 26 September 2006 in Case T-94/05 Athinaïki Techniki AE v Commission, by which the Court of First Instance dismissed as inadmissible the action seeking annulment of the Commission's letter of 2 December 2004 informing the then applicant that no further action would be taken in regard to its complaint alleging that State aid had been granted by the Hellenic Republic in the context of a public contract tendering procedure — Concept of an act open to challenge for the purposes of Article 230 EC

Athinaïki Techniki AE v Commission

Operative part of the judgment

The Court:

| 1. | Sets aside the order of the Court of First Instance of the European Communities of 26 September 2006 in Case T-94/05 Athinaïki Techniki v Commission. |
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1.

Sets aside the order of the Court of First Instance of the European Communities of 26 September 2006 in Case T-94/05 Athinaïki Techniki v Commission.

Athinaïki Techniki

Commission

| 2. | Rejects the preliminary plea of inadmissibility raised by the Commission of the European Communities before the Court of First Instance of the European Communities. |
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2.

Rejects the preliminary plea of inadmissibility raised by the Commission of the European Communities before the Court of First Instance of the European Communities.

| 3. | Refers the case back to the Court of First Instance of the European Communities for it to rule on the pleas in law of Athinaïki Techniki AE, seeking annulment of the decision of the Commission of the European Communities of 2 June 2004 to take no further action concerning State aid allegedly granted by the Hellenic Republic to the Hyatt Regency consortium in the disposal of 49 % of the capital of the Casino Mont Parnès. |
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3.

Refers the case back to the Court of First Instance of the European Communities for it to rule on the pleas in law of Athinaïki Techniki AE, seeking annulment of the decision of the Commission of the European Communities of 2 June 2004 to take no further action concerning State aid allegedly granted by the Hellenic Republic to the Hyatt Regency consortium in the disposal of 49 % of the capital of the Casino Mont Parnès.

| 4. | Orders that the costs be reserved. |
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4.

Orders that the costs be reserved.

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(1)  OJ C 42, 24.2.2007.

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