Judgment — ECLI:EU:C:2013:713
Date: 2013-11-07
Language of the case: Greek
Court formation: Ninth Chamber
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Procedure: Action for annulment;Appeal - unfounded
Origin: Greece

Appeal brought on 28 November 2012 by the Hellenic Republic against the judgment delivered on 10 October 2012 by the General Court (Second Chamber) in Case T-158/09 Greece v Commission (Case C-547/12 P) Language of the case: Greek Parties Appellant: Hellenic Republic (represented by: I. Khalkias and S. Papaioannou) Other party to the proceedings: European Commission Form of order sought grant the appeal and set aside the contested judgment of the General Court of the European Union in so far as the General Court held that in Case 4 Magrizos II, EL./1995/017, the Commission lawfully attributed negligence to the Greek authorities as regards failure to recover the relevant financial sums; uphold the first plea in law in the action for annulment of the Commission decision because, in that case, the legal conditions for applying Article 32 of Regulation No 1290/2005 and for the Commission's charging of the sum of EUR 276 347.86 to the Hellenic Republic were not met; order the Commission to pay the Hellenic Republic's costs. Pleas in law and main arguments The General Court, distorting the clear sense of the evidence in the case-file, appraised the facts incorrectly in Case 4 Magrizos II, EL./1995/017, reaching the erroneous conclusion that in that case the legal conditions for applying Article 32 of Regulation No 1290/2005 and for the Commission's charging of the sum of EUR 276 347.86 to the Hellenic Republic were met. ____________