CELEX: C2006/294/113
Language: en
Date: 2006-12-02 00:00:00
Title: Case T-268/06: Action brought on 22 September 2006 — Olympiaki Aeroporia Ipiresies v Commission

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/55
            
         Action brought on 22 September 2006 — Olympiaki Aeroporia Ipiresies v Commission
   (Case T-268/06)
   (2006/C 294/113)
   Language of the case: Greek
   Parties
   
      Applicant: Olympiaki Aeroporia Ipiresies A.E. (Olympic Airways Services S.A.) (represented by: P. Anestis, T. Soames, G. Goeteyn, S. Mavrogenis, M. Pinto de Lemos Fermiano Rato, lawyers,)
   
      Defendant: Commission of the European Communities
   Form of order sought
   The Court is asked to:
   
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               annul, pursuant to Articles 230 EC and 231 EC, the imposition 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 applicant is lawfully entitled for the period 11 to 14 September 2001;
            
         
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               annul Article 2 of the contested decision, according to which the compensation paid to the applicant is not compatible with the common market;
            
         
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               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.
   First, the applicant maintains that the Commission, 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 airspace 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.
   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.