5.12.2009

Official Journal of the European Union

C 297/21

(Case T-120/09)

2009/C 297/31

Language of the case: German

Parties

Applicants: Phoenix-Reisen GmbH (Bonn, Germany) and Deutscher Reiseverband eV (DRV) (Berlin, Germany) (represented by: R. Gerharz and A. Funke, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—Annul the defendant’s decision of 13 February 2009 by which it refused to take action against State aid granted by the Federal Republic of Germany in the form of insolvency payments;

—In the alternative, reinterpret the action for annulment as an action for failure to act, in the event that the Court should take the view that the present proceedings must take the form of an action for failure to act.

Pleas in law and main arguments

The applicants’ action is directed against the Commission’s letter (reference D/50594) of 13 February 2009 concerning its complaint in connection with insolvency benefit payments to undertakings and with the financing of the payment of insolvency benefit in the Federal Republic of Germany (CP 79/2007 — Alleged State Aid in the form of insolvency benefit payments). In that letter the Commission states repeatedly that there is in its view no infringement of the provisions on State aid.

In support of their claim, the applicants maintain that the contested measures cannot be justified under Directive 80/987/EEC. Furthermore, the Commission’s refusal to take action against the alleged wrongdoing infringes Community law. That rejection also cannot be justified by the decisions of the Bundessozialgericht (Federal Social Court).

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)