# C_2013032EN.01001101.xml

| 2.2.2013 | EN | Official Journal of the European Union | C 32/11 |
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2.2.2013

EN

Official Journal of the European Union

C 32/11

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Appeal brought on 30 November 2012 by the European Commission against the judgment delivered by the General Court (Sixth Chamber) on 20 September 2012 in Case T-421/09 DEI v European Commission

(Case C-554/12 P)

2013/C 32/15

Language of the case: Greek

Parties

Parties

Appellant: European Commission (represented by: T. Khristoforou and A. Antoniadis, Agents, and A. Ikonomou, dikigoros)

Appellant:

Other parties to the proceedings: Dimosia Epikhirisi Ilektrismou AE (DEI), Hellenic Republic

Other parties to the proceedings:

Form of order sought

Form of order sought

| — | set aside the General Court’s judgment of 20 September 2012 in Case T-421/09 in its entirety; |
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set aside the General Court’s judgment of 20 September 2012 in Case T-421/09 in its entirety;

| — | give final judgment in the matter if it is considered that the state of the proceedings so permits; |
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give final judgment in the matter if it is considered that the state of the proceedings so permits;

| — | order DEI to pay its own costs, and the Commission’s costs at first instance and on appeal. |
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order DEI to pay its own costs, and the Commission’s costs at first instance and on appeal.

Pleas in law and main arguments

Pleas in law and main arguments

| 1. | By its judgment in Case T-421/09, the General Court annulled the decision of 4 August 2009 by which the Commission found that the corrective measures proposed by the Hellenic Republic were necessary and proportionate for removing the consequences of the infringement and ensuring compliance with the previous decision of 5 March 2008 (‘the decision of 4 August 2009’ or ‘the contested decision’). The General Court held that the contested decision had to be annulled, basing its assessment solely on the fact that the Commission’s previous decision of 5 March 2008, upon which the contested decision was exclusively founded, had in the meantime been annulled by its judgment in Case T-169/08, also delivered on 20 September 2012. |
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1.

By its judgment in Case T-421/09, the General Court annulled the decision of 4 August 2009 by which the Commission found that the corrective measures proposed by the Hellenic Republic were necessary and proportionate for removing the consequences of the infringement and ensuring compliance with the previous decision of 5 March 2008 (‘the decision of 4 August 2009’ or ‘the contested decision’). The General Court held that the contested decision had to be annulled, basing its assessment solely on the fact that the Commission’s previous decision of 5 March 2008, upon which the contested decision was exclusively founded, had in the meantime been annulled by its judgment in Case T-169/08, also delivered on 20 September 2012.

| 2. | Since the Commission considers that the General Court’s judgment in Case T-169/08 is based on many errors of law, on defective and insufficient reasoning and on misinterpretation of the evidence and of the basis of the Commission’s decision of 5 March 2008, it has already also brought an appeal against that judgment of the General Court. Therefore, if that appeal against the judgment in Case T-169/08 is upheld, the sole basis upon which the judgment under appeal in the present case (T-421/09) was founded will also automatically disappear. |
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2.

Since the Commission considers that the General Court’s judgment in Case T-169/08 is based on many errors of law, on defective and insufficient reasoning and on misinterpretation of the evidence and of the basis of the Commission’s decision of 5 March 2008, it has already also brought an appeal against that judgment of the General Court. Therefore, if that appeal against the judgment in Case T-169/08 is upheld, the sole basis upon which the judgment under appeal in the present case (T-421/09) was founded will also automatically disappear.

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