# C_2016383EN.01000901.xml

| 17.10.2016 | EN | Official Journal of the European Union | C 383/9 |
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17.10.2016

EN

Official Journal of the European Union

C 383/9

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Action brought on 2 September 2016 — European Commission v Hellenic Republic

(Case C-481/16)

(2016/C 383/12)

Language of the case: Greek

Parties

Parties

Applicant: European Commission (represented by: A. 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 the Commission Decision of 27 March 2014 in Case SA.34572 on the State aid implemented by Greece for Larco General Mining & Metallurgical Company S.A. or, in any event, by failing adequately to inform the Commission of the measures taken in accordance with Article 5 of the Decision, failed to fulfil its obligations under Articles 3, 4 and 5 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 the Commission Decision of 27 March 2014 in Case SA.34572 on the State aid implemented by Greece for Larco General Mining & Metallurgical Company S.A. or, in any event, by failing adequately to inform the Commission of the measures taken in accordance with Article 5 of the Decision, failed to fulfil its obligations under Articles 3, 4 and 5 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. | In accordance with the European Commission Decision of 27 March 2014 in Case SA.34572, the Hellenic Republic was obliged to recover within four months the incompatible aid granted by it to Larco, and to provide adequate information to the European Commission on the measures required for that purpose. The aid at issue consisted of State guarantees to Larco in 2008, 2010 and 2011 and the State’s participation in the company’s capital increase in 2009. |
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1.

In accordance with the European Commission Decision of 27 March 2014 in Case SA.34572, the Hellenic Republic was obliged to recover within four months the incompatible aid granted by it to Larco, and to provide adequate information to the European Commission on the measures required for that purpose. The aid at issue consisted of State guarantees to Larco in 2008, 2010 and 2011 and the State’s participation in the company’s capital increase in 2009.

| 2. | However, the Hellenic Republic did not recover the aid at issue within four months, as it was obliged to do. In addition, the Hellenic Republic continues to fail to undertake the action required in order to implement the Decision. In any event, the Hellenic Republic has not provided adequate information to the European Commission on the relevant action with respect to 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 obliged to do. In addition, the Hellenic Republic continues to fail to undertake the action required in order to implement the Decision. In any event, the Hellenic Republic has not provided adequate information to the European Commission on the relevant action with respect to the implementation of the Decision.

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