# C_2009205EN.01000401.xml

| 29.8.2009 | EN | Official Journal of the European Union | C 205/4 |
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29.8.2009

EN

Official Journal of the European Union

C 205/4

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Judgment of the Court (Grand Chamber) of 7 July 2009 — Commission of the European Communities v Hellenic Republic

(Case C-369/07) (1)

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(Failure of a Member State to fulfil obligations - State aid - Measures for compliance with a judgment of the Court - Article 228 EC - Financial penalties - Penalty payment - Lump sum payment)

2009/C 205/05

Language of the case: Greek

Parties

Parties

Applicant: Commission of the European Communities (represented by: E. Righini, I. Hadjiyiannis and D.Triantafyllou, Agents)

Applicant:

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou and P. Mylonopoulos, Agents, and V. Christianos and P. Anestis, dikigoroi)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Article 228 EC — Non-compliance with the judgment of the Court of 12 May 2005 in Case C-415/03 — Infringement of Articles 3 and 4 of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to Olympic Airways (OJ 2003 L 132, p. 1) — Failure to take measures to recover aid incompatible with the Treaty and aid granted unlawfully — Application for imposition of a penalty payment

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt, by the date on which the period prescribed in the reasoned opinion expired, the measures necessary to comply with the judgment in Case C-415/03 Commission v Greece concerning repayment of the aid found to be unlawful and incompatible with the common market in accordance with Article 3 of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to Olympic Airways, the Hellenic Republic has failed to fulfil its obligations under that decision and under Article 228(1) EC. |
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1.

Declares that, by failing to adopt, by the date on which the period prescribed in the reasoned opinion expired, the measures necessary to comply with the judgment in Case C-415/03 Commission v Greece concerning repayment of the aid found to be unlawful and incompatible with the common market in accordance with Article 3 of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to Olympic Airways, the Hellenic Republic has failed to fulfil its obligations under that decision and under Article 228(1) EC.

| 2. | Orders the Hellenic Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a penalty payment of EUR 16 000 for each day of delay in adopting the measures necessary to comply with the judgment in Case C-415/03 Commission v Greece, from one month after the day on which judgment is delivered in the present case until the day on which the judgment in Case C-415/03 is complied with. |
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2.

Orders the Hellenic Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a penalty payment of EUR 16 000 for each day of delay in adopting the measures necessary to comply with the judgment in Case C-415/03 Commission v Greece, from one month after the day on which judgment is delivered in the present case until the day on which the judgment in Case C-415/03 is complied with.

| 3. | Orders the Hellenic Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a lump sum of EUR 2 million. |
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3.

Orders the Hellenic Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a lump sum of EUR 2 million.

| 4. | Orders the Hellenic Republic to pay the costs. |
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4.

Orders the Hellenic Republic to pay the costs.

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(1)  OJ C 269, 10.11.2007.

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