Case T-196/02: Judgment of the Court of First Instance of 12 September 2007 — MTU Friedrichshafen v Commission (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)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: Germany, State aid, action for annulment (EU), industrial cooperation, know-how, patents licence

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.