Case T-94/05: Action brought on 18 February 2005 by Athinaiki Techniki SA against the Commission of the European Communities
Date: 2005-04-30
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), competition law, complaint to the Commission, control of State aid

C 106/40

EN

Official Journal of the European Union

30.4.2005

Action brought on 21 February 2005 by GAEC SALAT
against the Commission of the European Communities

European Communities on 18 February 2005 by Athinaiki
Techniki SA, Neo Iraklio, Athens (Greece), represented by
Spyros A. Pappas, lawyer.

(Case T-89/05)

(2005/C 106/79)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 21 February 2005 by GAEC
SALAT, with its registered office in Cussac (France), represented
by F. Delpeuch, lawyer.

The applicant claims that the Court should:

1. annul the decision of the Directorate General for Competi-
tion to take no further action on the applicant's complaint
relating to State aid granted by the Hellenic Republic to the
Hyatt Regency consortium in connection with the Casino
Mont Parnes public contract, which the applicant learnt of
by letter dated 2 December 2004;

2. order the Commission to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

1. Hold that the refusal of the European Commission to rule
on the complaint lodged by GAEC SALAT on 15 October
2004 and registered on 26 October 2004 under No
0411325 was unlawful.

2. draw the legal consequences following therefrom.

In support of its application the applicant relies first on an
alleged infringement by the Commission of the obligation to
initiate the formal examination procedure provided for by
Article 88(2) EC and Article 4(4) of Regulation (EC) No
659/1999.

Pleas in law and main arguments

the applicant

In this case,
lodged a complaint with the
Commission concerning the amendment of the specification of
the designation of origin ‘SALERS’ by Commission Regulation
(EC) No 828/2003 of 14 May 2003 amending the specification
of 16 names appearing in the Annex to Regulation (EC) No
1107/96 on the registration of geographical
indications and
designations of origin under the procedure laid down in Article
17 of Council Regulation (EEC) No 2081/92. That designation
of origin had already been registered as such by virtue of Regu-
lation (EC) No 1107/96.

The applicant argues that such amendment of the specification
constitutes an infringement of general legal principles, and in
particular of the principle of equal treatment and non-discrimi-
nation in relation to the designations of origin Salers cheese
and Laguiole cheese.

Second, the applicant complains that the Commission made
several errors in the statement of reasons for the contested
In this connection, the applicant submits that the
decision.
Commission states no reasoning to demonstrate that
there
were no serious difficulties of assessment, still less to explain
why it disregarded certain key documents. Moreover,
the
contested decision is based solely on the analysis of the Direc-
torate General
for the Internal Market, although this was
confined to finding that it was not possible to apply the Com-
munity legislation in this case. Finally, the applicant considers
that the statement of reasons for the decision, namely the deci-
sion not to regard the measures concerned as State aid, is also
inadequate, and submits, on the same basis, that there was an
infringement of Article 87(1) EC.

Action brought on 18 February 2005 by Athinaiki Tech-
niki SA against the Commission of the European Commu-
nities

(Case T-94/05)

(2005/C 106/80)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

Action brought on 14 February 2005 by Jean Dehon
against European Parliament

(Case T-95/05)

(2005/C 106/81)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First
Instance on 14 February 2005 by Jean
Dehon, residing at Hagen (Luxembourg), represented by Sébas-
tien Orlandi, Xavier Martin M., Albert Coolen, Jean-Noël Louis
and Etienne Marchal,
lawyers, with an address for service in
Luxembourg.