Case T-436/07 P: Appeal brought on 30 November 2007 by Nikos Giannopoulos against the judgment of the Civil Service Tribunal delivered on 20 September 2007 in Case F-111/06, Giannopoulos v Council
Date: 2007-11-30
Institutions: Court of First Instance
Subjects: European civil service, action by staff, action for annulment (EU), administrative procedure, administrator, competition (EU), recruitment, staff assessment

C 22/50

EN

Official Journal of the European Union

26.1.2008

The applicant puts forward that
the difference between the
amounts owed by the Greek State to OA/OAS as approximately
assessed in Commission Decision 2003/372/EC (1) and the
compensation for damages awarded to OA/OAS by the ruling of
20 December 2006 constitutes an advantage within the
meaning of state aid rules, granted to the company. The grant of
such advantage is attributable, according to the applicant, to the
Greek State because the arbitration Court has acted as an organ
of the State.

the State measures did not amount

The applicant further submits that the Commission was under a
duty to carry out a diligent and impartial examination of the
complaint received in order to either adopt a decision declaring
that
to aid within the
meaning of Article 87(1) EC, or that those measures were to be
classified as aid within the meaning of the said provision but
were compatible with the common market under Article 87(2)
and (3) EC, or to initiate a procedure under Article 88(2) EC.

The applicant further submits that the period of seven months
which elapsed between the applicant's complaint and its letter
of formal notice was unreasonably long, and the inaction of the
Commission during that period constitutes failure to act within
the meaning of Article 232 EC.

(1) Commission Decision 2003/372/EC of 11 December 2002 on aid
granted by Greece to Olympic Airways (notified under document
number C(2002) 4831) (OJ, L 132, p. 1).

— uphold the claims for annulment and for compensation

submitted by the appellant at first instance;

— order the defendant at first instance to pay all the costs of

the proceedings at first instance and on appeal.

Pleas in law and main arguments

In support of his appeal, the appellant puts forward pleas in law
alleging failures to state reasons and manifest errors of assess-
ment in the response given by the Civil Service Tribunal in rela-
tion to the first plea in law, alleging breach of Article 31(2) of
the Staff Regulations, which the appellant put forward in the
proceedings at first instance.

Action brought on 5 December 2007 — Huta Buczek v
Commission

(Case T-440/07)

(2008/C 22/95)

Language of the case: Polish

Appeal brought on 30 November 2007 by Nikos
Giannopoulos against the judgment of the Civil Service
Tribunal delivered on 20 September 2007 in Case
F-111/06, Giannopoulos v Council

(Case T-436/07 P)

(2008/C 22/94)

Language of the case: French

Parties

Appellant: Nikos Giannopoulos (Wezembeek-Oppem, Belgium)
(represented by S. Rodrigues and C. Bernard-Glanz, Lawyers)

Other party to the proceedings: Council of the European Union

Form of order sought by the appellant

— declare the present appeal admissible;

Parties

Applicant: Huta Buczek sp. z o.o. (Sosnowiec, Poland) (repre-
sented by: D. Szlachetko-Reiter, legal adviser)

Defendant: Commission of the European Communities

Form of order sought

— declare invalid Articles 1, 3(1) and 3(3) of the Commission
decision of 23 October 2007 in Case No C 23/2006
(ex NN 35/2006) concerning State aid granted by Poland to
the steel producer Grupa Technologie Buczek;

— in the alternative, declare invalid Articles 1, 3(1) and 3(3) of
the Commission decision of 23 October 2007 in Case
No C 23/2006 (ex NN 35/2006) concerning State aid
granted by Poland to the steel producer Grupa Technologie
Buczek in so far as the Commission orders recovery to be
effected from the company Huta Buczek sp. z o.o.;

— declare invalid Articles 4 and 5 of the Commission decision
of 23 October 2007 in Case No C 23/2006 (ex
NN 35/2006) concerning State aid granted by Poland to the
steel producer Grupa Technologie Buczek in so far as those
provisions concern the effecting of recovery from Huta
Buczek sp. z o.o.;

— annul the judgment of the Civil Service Tribunal delivered

on 20 September 2007 in Case F-111/06;

— order the Commission to pay the costs of the proceedings.