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2.12.2006

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EN

Official Journal of the European Union

C 294/55

Action brought on 26 September 2006 — Commission v TH Parkner

(Case T-266/06)

(2006/C 294/112)

Language of the case: German

Parties

Claimant: Commission of the European Communities (repre- sented by: M. Wilderspin, Agent, and R. van der Hout, lawyer)

Defendant: TH Parkner GmbH (Mühlhausen, Germany)

Form of order sought

— Order the defendant to pay to the claimant EUR 64 078,58 plus 6.04 % interest with effect from 1 August 2001 to 31 December 2002 and 8.04 % interest with effect from 1 January 2003;

— Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The claimant entered into a contract with the defendant concerning the granting of an advance payment for the construction of a central heating plant with a thermo-electric converter (Stirling Motor) in industrial premises in Thuringia within the framework of the promotion of energy technology in Europe (THERMIE programme).

The Commission terminated this contract by letter of 4 December 1995 as the defendant had not used the amount paid to it in a manner consistent with the contract. The present action seeks to effect recovery from the defendant of the final outstanding instalment plus default interest.

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:

— annul, pursuant to Articles 230 EC and 231 EC, the imposi- tion 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 appli- cant is lawfully entitled for the period 11 to 14 September

2001;

— annul Article 2 of the contested decision, according to which the compensation paid to the applicant is not compatible with the common market;

— 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.

Action

brought

on

25

September

2006

Lego

Juris

v

OHIM — Mega Brands (Lego brick)

(Case T-270/06)

(2006/C 294/114)

Language in which the application was lodged: English

Parties

Applicant: Lego Juris A/S (Billund, Denmark) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Mega Brands Inc. (Montreal, Canada)