# C_2016305EN.01001901.xml

| 22.8.2016 | EN | Official Journal of the European Union | C 305/19 |
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22.8.2016

EN

Official Journal of the European Union

C 305/19

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Action brought on 30 June 2016 — European Commission v Hellenic Republic

(Case C-363/16)

(2016/C 305/27)

Language of the case: Greek

Parties

Parties

Applicant: European Commission (represented by: Α. Bouchagiar and B. Stromsky, acting as Agents)

Applicant:

Defendant: Hellenic Republic

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Declare that the Hellenic Republic, by failing to take within the prescribed time-limits all the measures required for the implementation of Commission Decision of 22 February 2012 in case SA.26534 (C 27/2010 ex ΝΝ 6/2009) on the State aid granted by Greece to United Textiles or, in any event, by failing adequately to inform the Commission of the measures taken in accordance with Article 4 of the decision, failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and under the Treaty on the Functioning of the European Union; |
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Declare that the Hellenic Republic, by failing to take within the prescribed time-limits all the measures required for the implementation of Commission Decision of 22 February 2012 in case SA.26534 (C 27/2010 ex ΝΝ 6/2009) on the State aid granted by Greece to United Textiles or, in any event, by failing adequately to inform the Commission of the measures taken in accordance with Article 4 of the decision, failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and under the Treaty on the Functioning of the European Union;

| — | order the Hellenic Republic to pay the costs. |
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order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

| 1. | Pursuant to the European Commission Decision of 22 February 2012 in case SA.26534, the Hellenic Republic is required to recover within four months the aid incompatible with the internal market which it granted to United Textiles, that is the State guarantee in 2007 and the rescheduling of overdue debts for social insurance contributions in 2009, and is also required adequately to inform the European Commission of the measures taken to that end. |
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1.

Pursuant to the European Commission Decision of 22 February 2012 in case SA.26534, the Hellenic Republic is required to recover within four months the aid incompatible with the internal market which it granted to United Textiles, that is the State guarantee in 2007 and the rescheduling of overdue debts for social insurance contributions in 2009, and is also required adequately to inform the European Commission of the measures taken to that end.

| 2. | However, the Hellenic Republic did not recover the aid at issue within four months, as it was required to do. In addition, the Hellenic Republic continues to be in breach of its obligation to take the required measures to implement the decision. By Decree-Law of 30 December 2015 the Greek authorities extended by six months the public auction procedure for the sale of assets of United Textiles with a view to investigating the possible resumption of its operations, without the aid incompatible with the internal market having been recovered. In any event, the Hellenic Republic has failed adequately to inform the European Commission of the relevant measures for the implementation of the decision. |
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2.

However, the Hellenic Republic did not recover the aid at issue within four months, as it was required to do. In addition, the Hellenic Republic continues to be in breach of its obligation to take the required measures to implement the decision. By Decree-Law of 30 December 2015 the Greek authorities extended by six months the public auction procedure for the sale of assets of United Textiles with a view to investigating the possible resumption of its operations, without the aid incompatible with the internal market having been recovered. In any event, the Hellenic Republic has failed adequately to inform the European Commission of the relevant measures for the implementation of the decision.

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