Opinion of the Advocate General — ECLI:EU:C:2018:315
Date: 2018-05-16
Language of the case: Greek
Subject matter: State aids;Competition
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Summary — Judgment of the Court (First Chamber), 14 November 2018 1. State aid — Decision of the Commission finding aid incompatible with the internal market and ordering its recovery — Determination of the obligations of the Member State — Duty to implement the Commission’s decision immediately and effectively — Obligation of recovery — Scope — Actual recovery of the sums owed — Recipients in difficulty or bankrupt — Irrelevant (Arts 108(2) and 288 TFEU) 2. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Period for implementation — Reference date for assessing whether there has been a failure to fulfil obligations — Date of expiry of the period prescribed in the letter of formal notice (Art. 260(2) TFEU) 3. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Purpose — Prevention of the repetition of similar infringements (Art. 260(2) TFEU) 4. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Imposition of a penalty payment — Condition — Failure to comply continuing up to the time of the Court’s examination of the facts — Recovery of aid incompatible with the internal market — Undertakings which have received aid and which have become insolvent — Registration in the schedule of liabilities so as to restore the prior situation — Need to procced to the recovery of the aid or the winding-up of the undertaking within the period prescribed by the Commission (Art. 260(2) TFEU) 5. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Determination of the form to be taken and of the amount — Discretion of the Court — Criteria (Art. 260(2) TFEU) 6. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Calculation of the amount — Criteria — Gravity of the infringement — Failure to recover aid incompatible with the internal market — Fundamental nature of the provisions of the Treaty on State aid — Mitigating circumstances — Difficulties in implementing — Obligation for the Member State to undertake real steps as regards the undertakings at issue and to propose alternative solutions to the Commission enabling such difficulties to be overcome — Repetition of unlawful conduct by the Member State concerned (Arts 3(3) and 51 TEU; Art. 260(2) TFEU; Protocol No 27 annexed to the EU and FEU Treaties) 7. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Calculation of the amount — Criteria — Duration of the infringement (Art. 260(2) TFEU) 8. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Calculation of the amount — Criteria — Payment capacity — Gross domestic product of the Member State — Consideration of the context of the economic crisis –Number of votes the Member State has in the Council — New double-majority system — Not included (Art. 260(2) TFEU; Protocol No 36 annexed to the EU and FEU Treaties, Art. 3(1) and (2)) 9. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Frequency of the penalty payment — Recovery of aid incompatible with the internal market — Assessment by the Commission of state of progress of the measures for compliance with the judgment (Art. 260(2) TFEU) 10. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Lump sum — Whether the two penalties should be cumulated — Lawfulness (Art. 260(2) TFEU) 11. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Imposition of a lump sum payment — Discretion of the Court — Criteria for assessment — Prevention of future repetition of similar infringements (Art. 260(2) TFEU) 1. See the text of the decision. (see paras 68-70) 2. See the text of the decision. (see paras 73-92) 3. See the text of the decision. (see para. 107) 4. See the text of the decision. (see paras 108-115) 5. See the text of the decision. (see paras 117-120) 6. See the text of the decision. (see paras 121-129) 7. See the text of the decision. (see paras 130, 131) 8. See the text of the decision. (see paras 132-142) 9. See the text of the decision. (see paras 143-148) 10. See the text of the decision. (see para. 153) 11. See the text of the decision. (see paras 154-160)