Official Journal of the European Union

C 55/12

(Case C-362/09 P) (<span class="super">1</span>)

(Appeal - State aid - Complaint - Decision to take no further action on the complaint - Withdrawal of the decision to take no further action - Conditions governing the lawfulness of withdrawal - Regulation (EC) No 659/1999)

2011/C 55/21

Language of the case: French

Parties

Appellant: Athinaïki Techniki AE (represented by: S. Pappas, dikigoros)

Other parties to the proceedings: European Commission (represented by: D. Triantafyllou, Agent), Athens Resort Casino AE Symmetochon (represented by: N. Korogiannakis, dikigoros)

Re:

Appeal against the order of the Court of First Instance (Fourth Chamber) of 29 June 2009 in Case T-94/05 Athinaïki Techniki AE v Commission by which the Court held that there was no longer any need to adjudicate on the action brought by the applicant following the Commission’s withdrawal of the contested decision to take no further action on the applicant’s complaint relating to State aid allegedly granted by the Hellenic Republic — Misinterpretation of the judgment of the Court of Justice in Case C-521/06 P Athinaïki Techniki — Conditions governing the lawfulness of the withdrawal of a Community administrative act — Failure to take administrative action in the context of the State aid investigation procedure not permissible — Principle of proportionality

Operative part of the judgment

The Court:

1.Sets aside the order of the Court of First Instance of the European Communities of 29 June 2009 in Case T-94/05 Athinaïki Techniki v Commission;

2.Refers the case back to the General Court of the European Union;

3.Orders that the costs be reserved.

(<span class="super">1</span>) OJ C 312, 19.12.2009.