CELEX: C2007/042/26
Language: en
Date: 2007-02-24 00:00:00
Title: Case C-521/06 P: Appeal brought on 21 December 2006 by Athinaiki Techniki AE against the order delivered by the Court of First Instance (Second Chamber) on 26 September 2006 in Case T-94/05 Athinaiki Techniki AE v Commission

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/16
            
         Appeal brought on 21 December 2006 by Athinaiki Techniki AE against the order delivered by the Court of First Instance (Second Chamber) on 26 September 2006 in Case T-94/05 Athinaiki Techniki AE v Commission
   
   (Case C-521/06 P)
   (2007/C 42/26)
   Language of the case: French
   Parties
   
      Appellant: Athinaiki Techniki AE (represented by: S.A. Pappas, lawyer)
   
      Other parties to the proceedings: Commission of the European Communities, Athens Resort Casino AE Symmetochon
   Form of order sought
   The Court is asked to:
   
               —
            
            
               annul the contested order;
            
         
               —
            
            
               grant the forms of order sought at first instance;
            
         
               —
            
            
               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The appellant relies on a single plea in support of its appeal, based on the error allegedly committed by Court of First Instance in its legal characterisation of the letter deciding to take no further action on its complaint. First, the decision taken by the Commission not to take any further action clearly assumes a final character in the light of the file; secondly, it is unambiguously apparent from the context in which the Commission ruled that it had indeed implicitly taken a reasoned decision on the classification of the State aid which was the subject of the complaint. Consequently, the Court of First Instance erred in law in finding that the contested letter could not be subject of an action and in dismissing the action as inadmissible.