Order of the Court of First Instance (Second Chamber) of 26 September 2006 – Athinaïki Techniki v Commission

(Case T-94/05)

Action for annulment – State aid – Complaint – Decision to take no further action on the complaint – Inadmissible

Applications for interim measures – Actionable measures – Measures challengeable by a complainant against State aid (Arts 81 EC, 82 EC, 230, fourth para., EC, and 232, third para., EC; Council Regulation No 659/1999, Arts 4, 20, and 25) (see paras 28-33)

Re:

APPLICATION for annulment of the Commission’s letter of 2 December 2004, informing the applicant of the decision to take no further action on its complaint concerning State aid allegedly granted by the Hellenic Republic to the Hyatt Regency consortium in connection with the Casino Mont Parnès public contract.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Athinaïki Techniki AE to pay all the costs.