Opinion of the Advocate General — ECLI:EU:C:2010:785
Date: 2010-12-16
Language of the case: Greek
Subject matter: General provisions;Provisions governing the Institutions
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Summary of the Judgment 1. 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 – Choice of appropriate penalty (Art. 228(2) EC) 2. 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 (Art. 228(2) EC) 3. 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 (Art. 228 EC) 1. According to the procedure referred to in Article 228(2) EC, it is for the Court, in each case, in the light of the circumstances of the case before it and the degree of persuasion and deterrence which appears to it to be required, to determine the financial penalties appropriate for making sure that the judgment which previously established the breach is complied with as swiftly as possible and for preventing similar infringements of European Union law from recurring. While the imposition of a penalty payment seems particularly suitable for the purpose of inducing a Member State to put an end as soon as possible to a breach of obligations which, failing such a measure, would be liable to persist, the imposition of a lump sum is prompted, essentially, by the assessment of the consequences for public and private interests of the failure of the Member State concerned to fulfil its obligations, in particular when the breach has persisted for a long period after the judgment initially establishing it was delivered. (see paras 28-29) 2. In connection with the procedure referred to in Article 228(2) EC, whether a lump sum payment should be imposed must, in each individual case, depend on all the relevant factors pertaining to both the particular nature of the infringement established and the individual conduct of the Member State involved in the procedure initiated pursuant to Article 228 EC. In any event, if the Court decides to impose a lump sum payment, it must, in exercising its discretion, do so in a manner that is, first, appropriate to the circumstances and, secondly, proportionate both to the breach that has been established and to the ability to pay of the Member State concerned. Consequently, for the purpose of ruling on a request to impose a lump sum payment, the Court must take account of all the circumstances of the infringement and, in particular, of the conduct of the Member State concerned and the duration and seriousness of the infringement. (see paras 30-32) 3. Although Article 228 EC does not specify the period within which a judgment must be complied with, the action required to give effect to a judgment must be set in motion immediately and be completed as soon as possible. (see para. 34)