Case T-68/03: Judgment of the Court of First Instance of 12 September 2007 — Olympiaki Aeroporia Ypiresies v Commission (State aid — Restructuring aid granted by the Hellenic Republic to the airline Olympic Airways — Decision declaring the aid incompatible with the common market and ordering its recovery — Misuse of the aid — New aid — Burden of proof — Right to be heard — Private creditor test — Error of fact — Manifest error of assessment — Statement of reasons — Articles 87(1) EC and (3)(c) EC)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, Greece, State aid, action for annulment (EU), aid for restructuring, air transport

C 247/22

EN

Official Journal of the European Union

20.10.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 12 September
2007 — MTU Friedrichshafen v Commission

Judgment of the Court of First Instance of 12 September
2007 — Olympiaki Aeroporia Ypiresies v Commission

(Case T-196/02) (1)

(Case T-68/03) (1)

(State aid — Restructuring aid — Decision ordering the
recovery of aid incompatible with the common market —
Article 13(1) of Regulation (EC) No 659/1999 — Joint and
several liability)

(2007/C 247/31)

Language of the case: German

(State aid — Restructuring aid granted by the Hellenic
Republic to the airline Olympic Airways — Decision declaring
the aid incompatible with the common market and ordering
its recovery — Misuse of the aid — New aid — Burden of
proof — Right to be heard — Private creditor test — Error of
fact — Manifest error of assessment — Statement of reasons
— Articles 87(1) EC and (3)(c) EC)

(2007/C 247/32)

Language of the case: Greek

Parties

Applicant: MTU Friedrichshafen GmbH (Friedrichshafen,
Germany) (represented by F. Montag and T. Lübbig, lawyers)

Parties

Defendant: Commission of the European Communities (repre-
sented by V. Kreuschitz, V. Di Bucci and T. Scharf, acting as
Agents)

Re:

Application for the annulment of Article 3(2) of Commission
Decision 2002/898/EC of 9 April 2002 on the State aid imple-
mented by Germany for SKL Motoren- und Systembautechnik
GmbH (OJ 2002 L 314, p. 75).

Applicant: Olympiaki Aeroporia Ypiresies AE,
formerly
Olympiaki Aeroporia AE (Athens, Greece) (represented first by
D. Waelbroeck and E. Bourtzalas, lawyers, J. Ellison and M. Hall,
Solicitors, and A. Kalogeropoulos and C. Tagaras, lawyers, and
then by P. Anestis, lawyer, and T. Soames, Solicitor)

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and J. L. Buendía Sierra, acting as
Agents, and A. Oikonomou, lawyer)

Re:

Operative part of the judgment

The Court:

Application for
annulment of Commission Decision
2003/372/EC of 11 December 2002 on aid granted by Greece
to Olympic Airways (OJ 2003, L 132, p. 1)

the

1. Annuls Article 3(2) of Commission Decision 2002/898/EC of
9 April 2002 on the State aid implemented by Germany for SKL
in so far as it orders
Motoren- und Systembautechnik GmbH,
MTU Friedrichshafen GmbH to repay jointly and severally a sum
of EUR 2,71 million;

Operative part of the judgment

The Court hereby:

2. orders the Commission to bear its own costs and to pay the costs

incurred by MTU Friedrichshafen.

(1) OJ C 219, 14.9.2002.

1. Annuls Articles 2 and 3 of Commission Decision 2003/372/EC
of 11 December 2002 on
to
Olympic Airways in so far as they concern tolerance of persistent
non-payment of airport charges owed by Olympic Airways to
Athens International Airport and of VAT owed by Olympic Avia-
tion on fuel and spare parts.

by Greece

granted

aid

2. Dismisses the remainder of the application.

20.10.2007

EN

Official Journal of the European Union

C 247/23

3. Orders Olympiaki Aeroporia Ypiresies AE to pay 75 % of its own
costs and of those of the Commission and orders the Commission
to pay 25 % of its own costs and of those of Olympiaki Aeroporia
Ypiresies.

bear a quarter of its own costs and pay a quarter of the costs
incurred by Ms Nikolaou.

(1) OJ C 264, 1.11.2003.

(1) OJ C 112 of 10.5.2003.

Judgment of the Court of First Instance of 12 September
2007 — Nikolaou v Commission

(Case T-259/03) (1)

(Non-contractual
the European
liability — Inquiry
Anti-Fraud Office (OLAF) concerning a Member of the Court
of Auditors — Divulgence of information — Protection of
personal
information — Access to the inquiry file and to
OLAF's report — Sufficiently serious breach of the rules of
law conferring rights on individuals — Causal link — Loss)

of

(2007/C 247/33)

Language of the case: Greek

Parties

Applicant: Kalliopi Nikolaou (Athens, Greece) (represented by: V.
Christianos and V. Vlassi, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and C. Ladenburger, acting as
Agents)

Re:

Action for damages, pursuant
to the second paragraph of
Article 288 EC, for the loss suffered by the applicant following
publication of information concerning an inquiry carried out
concerning her by the European Anti-Fraud Office (OLAF) and
OLAF's refusal to grant her access to the inquiry file and to
supply her with a copy of its final report.

Operative part of the judgment

The Court:

1. Orders the Commission to pay Ms Kalliopi Nikolaou compensation

of EUR 3 000;

2. Dismisses the remainder of the action;

Judgment of the Court of First Instance of 12 September
formaggio Grana
2007 — Consorzio per la tutela del

Padano v OHIM — Biraghi (GRANA BIRAGHI)

(Case T-291/03) (1)

(Community
trade mark — Invalidity proceedings —
Community word mark GRANA BIRAGHI — Protection of
the designation of origin ‘grana padano’ — Lack of generic
nature — Article 142 of Regulation (EC) No 40/94 —
Regulation (EEC) No 2081/92)

(2007/C 247/34)

Language of the case: Italian

Parties

Applicant: Consorzio per la tutela del formaggio Grana Padano
(Desenzano del Garda,
(represented by: P. Perani, P.
Colombo and A. Schmitt, lawyers)

Italy)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: M. Buffolo and O.
Montalto, Agents)

Intervener in support of the defendant: Italian Republic (represented
by G. Aiello, lawyer)

The other party to the proceedings before the Board of Appeal of
OHIM, intervener before the Court of First Instance, being: Biraghi
SpA, (Cavallermaggiore Italy) (represented by F. Antenucci, F.
Giuggia, P. Mayer and J.-L. Schiltz, lawyers)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 16 June 2003 (Case R 153/2002-1) relating to
invalidity proceedings between Consorzio per
la tutela del
formaggio Grana Padano and Biraghi SpA

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 16 June 2003 (Case R 153/2002-1);

3. Orders Ms Nikolaou to bear three quarters of her own costs and
three quarters of the costs incurred by the Commission, which is to

2. Orders OHIM to bear its own costs and to pay those incurred by

Consorzio per la tutela del formaggio Grana Padano;