Case T-266/06: Action brought on 26 September 2006 — Commission v TH Parkner
Date: 2006-12-02
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), contract, energy technology, heating, industrial building, support policy, use of aid

2.12.2006

EN

Official Journal of the European Union

C 294/55

Action brought on 26 September 2006 — Commission v
TH Parkner

(Case T-266/06)

(2006/C 294/112)

Language of the case: German

Parties

Claimant: Commission of the European Communities (repre-
sented by: M. Wilderspin, Agent, and R. van der Hout, lawyer)

Defendant: TH Parkner GmbH (Mühlhausen, Germany)

Form of order sought

— Order the defendant to pay to the claimant EUR 64 078,58
plus 6.04 % interest with effect from 1 August 2001 to
31 December 2002 and 8.04 % interest with effect from
1 January 2003;

— Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The claimant entered into a contract with the defendant
the
concerning the granting of an advance payment
construction of a central heating plant with a thermo-electric
converter (Stirling Motor) in industrial premises in Thuringia
within the framework of the promotion of energy technology
in Europe (THERMIE programme).

for

The Commission terminated this
contract by letter of
4 December 1995 as the defendant had not used the amount
paid to it in a manner consistent with the contract. The present
action seeks to effect recovery from the defendant of the final
outstanding instalment plus default interest.

Form of order sought

The Court is asked to:

— annul, pursuant to Articles 230 EC and 231 EC, the imposi-
tion of a maximum amount of DR 668 783 057 under
Article 1 of Commission Decision E(2006) 1580 final of 26
April 2006 in respect of compensation to which the appli-
cant is lawfully entitled for the period 11 to 14 September
2001;

— annul Article 2 of the contested decision, according to
is not

which the compensation paid to the applicant
compatible with the common market;

— order the Commission to pay the costs.

Pleas in law and main arguments

The application is directed against Commission Decision
E(2006) 1580 final of 26 April 2006, concerning a State aid
scheme C-39/2003 (ex NN 119/02) put into effect by Greece
in favour of
the airline industry to compensate for losses
suffered between 11 and 14 September 2001.

the

that

the Commission,

applicant maintains

First,
in
concluding that the financial aid granted to make good the
damage which arose after 14 September 2001 is not directly
linked to the closure of
the United States
because of the terrorist attacks of 11 September 2001 and
consequently constitutes State aid that is incompatible with the
common market, clearly committed an error of assessment of
the factual circumstances and thus infringed Article 87(2)(b)
EC.

the airspace of

In conclusion, the applicant alleges that the complete lack of
reasons for the rejection of
the compensation in question
constitutes infringement of an essential procedural requirement
which renders the decision invalid.

Action brought on 22 September 2006 — Olympiaki
Aeroporia Ipiresies v Commission

(Case T-268/06)

(2006/C 294/113)

Language of the case: Greek

Action brought on 25 September 2006 — Lego Juris v
OHIM — Mega Brands (Lego brick)

(Case T-270/06)

(2006/C 294/114)

Language in which the application was lodged: English

Parties

Parties

Applicant: Olympiaki Aeroporia
(Olympic
Airways Services S.A.) (represented by: P. Anestis, T. Soames,
G. Goeteyn, S. Mavrogenis, M. Pinto de Lemos Fermiano Rato,
lawyers,)

Ipiresies A.E.

Defendant: Commission of the European Communities

Applicant: Lego Juris A/S (Billund, Denmark) (represented by: V.
von Bomhard, A. Renck and T. Dolde, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Mega
Brands Inc. (Montreal, Canada)