Order — ECLI:EU:T:2007:18
Date: 2007-01-26
Language of the case: Greek
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Research and technological development
Concepts: General;Proceedings relating to a contract;Basis of liability
Procedure: Action for damages - unfounded
Origin: Greece

INFORMATION ON UNPUBLISHED DECISIONS 
Operative part 
The Court: 
1. Dismisses the action as inadmissible; 
2. Orders the applicants, Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and 
Musa Akar, to bear their own costs and, jointly and severally, pay the 
Commissions costs. 
Order of the Court of First Instance (Fifth Chamber) of 26 January 2007 — 
Theofilopoulos v Commission 
(Case T-91/06) 
Action for compensation — Application for return of letters of guarantee — Court 
of First Instance not having jurisdiction — Inadmissibility of action — Action clearly 
devoid of legal foundation 
1. Procedure — Referral to the Court of First Instance under an arbitration 
clause (Arts 238 EC and 240 EC; Statute of the Court of Justice, Art. 51) (see 
paras 16-20) 
2. Actions for annulment — Lack of jurisdiction of the Community judicature 
(Arts 230 EC and 288(2) EC) (see para. 21) 
3. Non-contractual liability — Conditions — Illegality (Art. 288(2) EC) (see 
paras 23-26) 
Re: 
ACTION for compensation and application seeking the return of letters of 
guarantee. 
II - 5* 
INFORMATION ON UNPUBLISHED DECISIONS 
Operative part 
The Court: 
1. Dismisses the action; 
2. Orders Mr Nikolaos Theofilopoulos to pay the costs. 
Order of the President of the Court of First Instance of 29 January 2007 — 
Olympiaki Aeroporia Ypiresies v Commission 
(Case T-423/05 R) 
Interim measures — Suspension of operation — State aid — Urgency 
1. Applications for interim measures — Suspension of operation of a measure — 
Interim measures — Conditions for granting — Urgency — Prima facie case 
— Cumulative requirements (Arts 225(1) EC, 242 EC and 243 EC; Rules of 
Procedure of the Court of First Instance, Art. 104(2)) (see paras 62-64) 
2. Applications for interim measures — Suspension of operation of a measure — 
Interim measures — Conditions for granting — Urgency (Arts 242 EC and 
243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see 
paras 66-69) 
3. Applications for interim measures — Suspension of operation of a measure — 
Conditions for granting — Serious and irreparable damage (Art 242 EC; 
Rules of Procedure of the Court of First Instance, Art. 104(2)) (see 
paras 70, 71), 
II - 6*