# C_2008197EN.01002201.xml

| 2.8.2008 | EN | Official Journal of the European Union | C 197/22 |
| --- | --- | --- | --- |

2.8.2008

EN

Official Journal of the European Union

C 197/22

---

Judgment of the Court of First Instance of 25 June 2008 — Olympiaki Aeroporia Ypiresies v Commission

(Case T-268/06) (1)

1

(State aid - Aid for airlines on account of losses caused by the terrorist attacks of 11 September 2001 - Decision declaring the aid scheme incompatible, in part, with the common market and ordering recovery of aid paid - Article 87(2)(b) EC - Communication from the Commission of 10 October 2001 on the repercussions of the terrorist attacks of 11 September - Causal connection between the exceptional occurrence and the damage - Obligation to state the reasons on which the decision is based)

(2008/C 197/37)

Language of the case: Greek

Parties

Applicant: Olympiaki Aeroporia Ypiresies AE (Athens, Greece) (represented by: P. Anestis, lawyer, T. Soames and G. Goeteyn, Solicitors, S. Mavrogenis and M. Pinto de Lemos Fermiano Rato, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: E. Righini and I. Chatzigiannis, Agents)

Defendant:

Re:

Application for annulment of Commission Decision C(2006) 1580 final of 26 April 2006 concerning a State aid scheme C 39/2003 (ex NN 119/2002) which the Hellenic Republic implemented in favour of airlines following losses suffered between 11 and 14 September 2001.

Operative part of the judgment

The Court:

| 1. | Annuls Articles 1 and 2 of Commission Decision C(2006) 1580 final of 26 April 2006 concerning a State aid scheme C 39/2003 (ex NN 119/2002) which the Hellenic Republic implemented in favour of airlines following losses suffered between 11 and 14 September 2001, in so far as they declare incompatible with the common market aid granted to Olympiaki Aeroporia Ypiresies AE, first, for losses due to the cancellation of the flight to Canada on 15 September 2001, secondly, for losses in respect of its network apart from the North Atlantic and Israel and, thirdly, for revenue lost in respect of carriage of goods, the costs of destruction of sensitive goods, the costs of additional security checks on goods, the costs connected with additional hours worked by staff and the costs connected with additional emergency security measures; |
| --- | --- |

1.

Annuls Articles 1 and 2 of Commission Decision C(2006) 1580 final of 26 April 2006 concerning a State aid scheme C 39/2003 (ex NN 119/2002) which the Hellenic Republic implemented in favour of airlines following losses suffered between 11 and 14 September 2001, in so far as they declare incompatible with the common market aid granted to Olympiaki Aeroporia Ypiresies AE, first, for losses due to the cancellation of the flight to Canada on 15 September 2001, secondly, for losses in respect of its network apart from the North Atlantic and Israel and, thirdly, for revenue lost in respect of carriage of goods, the costs of destruction of sensitive goods, the costs of additional security checks on goods, the costs connected with additional hours worked by staff and the costs connected with additional emergency security measures;

| 2. | Annuls Article 4 of Decision C(2006) 1580 final in so far as it orders the aid mentioned in the preceding paragraph to be recovered; |
| --- | --- |

2.

Annuls Article 4 of Decision C(2006) 1580 final in so far as it orders the aid mentioned in the preceding paragraph to be recovered;

| 3. | Dismisses the remainder of the action; |
| --- | --- |

3.

Dismisses the remainder of the action;

| 4. | Orders each party to bear its own costs. |
| --- | --- |

4.

Orders each party to bear its own costs.

---

(1)  OJ C 294, 2.12.2006.

1

---