CELEX: 62010TN0058
Language: en
Date: 2010-02-11 00:00:00
Title: Case T-58/10: Action brought on 11 February 2010 — Phoenix-Reisen and DRV v Commission

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/49
            
         Action brought on 11 February 2010 — Phoenix-Reisen and DRV v Commission
   (Case T-58/10)
   2010/C 113/79
   Language of the case: German
   
      Parties
   
   
      Applicants: Phoenix-Reisen GmbH (Bonn, Germany) and Deutscher Reiseverband eV (DRV) (Berlin, Germany) (represented by: R. Gerharz, lawyer)
   
      Defendant: European Commission
   
      Form of order sought
   
   
               —
            
            
               Annul the defendant’s decision of 20 November 2009, notified by letter of 11 December 2009, by which it refused to take action against State aid granted by the Federal Republic of Germany in the form of insolvency payments;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   The applicants’ action is directed against Commission Decision C(2009) 8707 final of 19 November 2009 concerning State aid NN 55/2009 — Germany; alleged State aid in the form of insolvency payments and the financing thereof. The Commission came to the conclusion in that decision that the measure in question does not constitute State aid for the purposes of Article 87(1) EC.
   In support of their claim, the applicants maintain that the subsidisation of insolvent undertakings cannot be justified on the basis of Directive 80/987/EEC (1) as it serves solely to protect the employees of the insolvent undertaking, not the undertaking itself. The applicants take the view that the legal practice applied in the Federal Republic of Germany is such that insolvent undertakings profit directly from insolvency payments. Furthermore, the applicants submit that examples from other countries in the Community show that Directive 80/987/EEC can be transposed without competitors being unlawfully subsidised as a result.
   
      (1)  Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 23).