Judgment of the Court (Sixth Chamber) of 17 October 2013 — Commission v Greece

(Case C‑263/12)

‛Failure of a Member State to fulfil obligations — State aid — Commission Decision ordering recovery of aid — Failure to comply with a Commission Decision’

1. State aid — Recovery of unlawful aid — Obligation — Duty to comply immediately and effectively with the Commission’s decision (Arts 108(2) TFEU and 288 TFEU; Council Regulation No 659/1999, Art. 14(3)) (see paras 24, 25)

2. State aid — Recovery of unlawful aid — Application of national law — Conditions — Implementation of a procedure ensuring the immediate and effective implementation of the Commission’s decision (Arts 108(2), second para., TFEU and 288 TFEU; Council Regulation No 659/1999, recitals 13 and Art. 14(3)) (see paras 25, 26, 42)

3. Actions for failure to fulfil obligations — Non-compliance with a Commission decision concerning State aid — Duty to recover the aid granted — Time-limit for recovery — Time-limit set in the Commission’s decision — Application for an extension relating to the provision of information — No effect (Arts 108(2), second para., TFEU and 288 TFEU) (see paras 31, 32)

4. Actions for failure to fulfil obligations — Non-compliance with a Commission decision concerning State aid — Defences — Absolute impossibility of implementation — Criteria for assessment — Difficulties in implementing — Obligation of the Member State to undertake real steps in relation to the undertakings concerned and to propose to the Commission alternative solutions enabling such difficulties to be overcome — Duty of the Commission and of the Member State to collaborate in seeking a solution compatible with the Treaty — Difficulties relating to the adaptation of existing national legislation on recovery procedures not such as to justify the failure to implement the Commission’s decision (Arts 4(3) TFEU and 108(2) TFEU) (see paras 34-36)

5. Actions for failure to fulfil obligations — Non-compliance with a Commission decision concerning State aid — Failure to comply with the decision — Court’s obligation to examine a plea alleging failure to inform the Commission about implementing measures — No such obligation (Art. 108(2) TFEU) (see para. 44)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3 and 4 of Commission Decision 2011/452/EU of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Khrisos A.E. (notified under document C(2011) 1006) (OJ 2011 L 193, p. 27) — Failure to take all the measures necessary for the recovery of aid which has been found to be unlawful and incompatible with the common market.

Operative part

The Court:

1. Declares that, by not adopting within the prescribed period all the measures necessary to recover from Ellinikos Khrisos A.E. the aid granted to that undertaking on the sale, by the Greek State, of immovable property, aid declared to be unlawful and incompatible with the common market by Commission Decision C(2011) 1006 final of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Khrisos A.E., the Hellenic Republic has failed to fulfil its obligations under Articles 2 and 3 of that decision;

2. Orders the Hellenic Republic to pay the costs.

Judgment of the Court (Sixth Chamber) of 17 October 2013 — Commission v Greece

(Case C‑263/12)

‛Failure of a Member State to fulfil obligations — State aid — Commission Decision ordering recovery of aid — Failure to comply with a Commission Decision’

1. State aid — Recovery of unlawful aid — Obligation — Duty to comply immediately and effectively with the Commission’s decision (Arts 108(2) TFEU and 288 TFEU; Council Regulation No 659/1999, Art. 14(3)) (see paras 24, 25)

2. State aid — Recovery of unlawful aid — Application of national law — Conditions — Implementation of a procedure ensuring the immediate and effective implementation of the Commission’s decision (Arts 108(2), second para., TFEU and 288 TFEU; Council Regulation No 659/1999, recitals 13 and Art. 14(3)) (see paras 25, 26, 42)

3. Actions for failure to fulfil obligations — Non-compliance with a Commission decision concerning State aid — Duty to recover the aid granted — Time-limit for recovery — Time-limit set in the Commission’s decision — Application for an extension relating to the provision of information — No effect (Arts 108(2), second para., TFEU and 288 TFEU) (see paras 31, 32)

4. Actions for failure to fulfil obligations — Non-compliance with a Commission decision concerning State aid — Defences — Absolute impossibility of implementation — Criteria for assessment — Difficulties in implementing — Obligation of the Member State to undertake real steps in relation to the undertakings concerned and to propose to the Commission alternative solutions enabling such difficulties to be overcome — Duty of the Commission and of the Member State to collaborate in seeking a solution compatible with the Treaty — Difficulties relating to the adaptation of existing national legislation on recovery procedures not such as to justify the failure to implement the Commission’s decision (Arts 4(3) TFEU and 108(2) TFEU) (see paras 34-36)

5. Actions for failure to fulfil obligations — Non-compliance with a Commission decision concerning State aid — Failure to comply with the decision — Court’s obligation to examine a plea alleging failure to inform the Commission about implementing measures — No such obligation (Art. 108(2) TFEU) (see para. 44)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3 and 4 of Commission Decision 2011/452/EU of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Khrisos A.E. (notified under document C(2011) 1006) (OJ 2011 L 193, p. 27) — Failure to take all the measures necessary for the recovery of aid which has been found to be unlawful and incompatible with the common market.

Operative part

The Court:

1. Declares that, by not adopting within the prescribed period all the measures necessary to recover from Ellinikos Khrisos A.E. the aid granted to that undertaking on the sale, by the Greek State, of immovable property, aid declared to be unlawful and incompatible with the common market by Commission Decision C(2011) 1006 final of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Khrisos A.E., the Hellenic Republic has failed to fulfil its obligations under Articles 2 and 3 of that decision;