Olympiaki Aeroporia Ypiresies v Commission (State aid) French Text [2007] EUECJ T-68/03 (12 September 2007)

Olympiaki Aeroporia Ypiresies v Commission (State aid) French Text [2007] EUECJ T-68/03 (12 September 2007)

The Tribunal found that the Commission was entitled to assess compliance with the restructuring plan as originally approved, since no formal, modified plan was submitted for approval. The applicant's procedural rights were not violated, as participation occurred via the Member State, and the Commission's motivation...

Source-derived case information.

Citation
[2007] EUECJ T-68/03
Parties
Applicant: Olympiaki Aeroporia Ypiresies AE (formerly Olympiaki Aeroporia AE); Respondent: Commission des Communautés européennes
Jurisdiction
European Union
Procedural Posture
Application for Annulment / Final Judgment
Outcome
application dismissed
Legal Topics
State Aid, Restructuring Aid, Compatibility With Common Market, Recovery of Unlawful Aid, Procedural Rights, Burden of Proof
European Union Law State Aid Law State Aid Restructuring Aid Compatibility With Common Market Recovery of Unlawful Aid Procedural Rights Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Olympiaki Aeroporia Ypiresies AE (formerly Olympiaki Aeroporia AE)

Applicant

Commission des Communautés européennes

Respondent

Procedural Posture

Application for Annulment / Final Judgment

  1. 1 Whether the restructuring aid granted by Greece to Olympic Airways was compatible with the common market
  2. 2 Whether new, unnotified state aids were granted
  3. 3 Whether the Commission violated procedural rights and the right to be heard

Ratio Decidendi

The Tribunal found that the Commission was entitled to assess compliance with the restructuring plan as originally approved, since no formal, modified plan was submitted for approval. The applicant's procedural rights were not violated, as participation occurred via the Member State, and the Commission's motivation was sufficient. The aid was incompatible with the common market due to non-implementation of the plan and existence of new unlawful aids. Recovery of the incompatible aid was ordered.

Court Disposition

application dismissed

Orders

  • The application for annulment is rejected.
  • Applicant is ordered to pay costs.