Judgment of the Court (Fourth Chamber) of 5 October 2004 in Case C-524/03: Commission of the European Communities v G. & E. Gianniotis EPE (Arbitration clause — Reimbursement of amounts advanced — Interest on late payment — Default proceedings)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), medical institution

C 300/24

EN

Official Journal of the European Union

4.12.2004

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 7 of 10.1.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 5 October 2004

effect from 1 January 2003 until the date of the judgment
herein, and at the annual rate applied under the aforemen-
tioned provision of Greek legislation, subject to a limit of a
rate of 7.25 % per annum with effect from the date of the
judgment herein pending full payment of the debt;

— in respect of the amount of EUR 111 115.82, at the rate of
4.78 % per annum with effect from 15 January 2002 until
31 December 2002, at the rate of 6.78 % per annum with
effect from 1 January 2003 until the date of the judgment
herein, and at the annual rate applied under the aforemen-
tioned provision of Greek legislation, subject to a limit of a
rate of 6.78 % per annum with effect from the date of the
judgment herein pending full payment of the dept.

2. G. & E. Gianniotis EPE to pay the costs.

in Case C-524/03: Commission of the European Commu-
nities v G. & E. Gianniotis EPE (1)

(1) OJ C 59 of 6 March 2004.

(Arbitration clause — Reimbursement of amounts advanced
— Interest on late payment — Default proceedings)

(2004/C 300/49)

(Language of the case: Greek)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 7 October 2004

In Case C-524/03, application under Article 238 EC brought
on 16 December 2003 by the Commission of the European
Communities (Agent: D. Triantafyllou, assisted by N. Korogian-
nakis) against G. & E. Gianniotis EPE, trading under the name
of ‘Nosokomeio Agia Eleni’, established in Piraeus (Greece), the
Court (Fourth Chamber), composed of J.N. Cunha Rodrigues,
President of the Chamber, K. Lenaerts (Rapporteur) and K.
Schiemann, Judges; P. Léger, Advocate General; R. Grass, Regis-
trar, delivered a judgment on 5 October 2004 in which it
ordered:

1. G. & E. Gianniotis EPE to pay to the Commission of the European
Communities the amount of EUR 212 010.17 by way of prin-
cipal, plus interest thereon as follows:

— in respect of the amount of EUR 72 136.15, at the rate of
6 % per annum with effect from 30 September 2001 until
31 December 2002, at the rate of 8 % per annum with effect
from 1 January 2003 until the date of the judgment herein,
and at the annual rate applied pursuant to the Greek law, that
is to say currently Article 3(2) of Law No 2842/2000 on the
replacement of the Drachma by the Euro, subject to a limit of
a rate of 8 % per annum with effect from the date of the judg-
ment herein pending full payment of the debt;

— in respect of the amount of EUR 28 758.20, at the rate of
5.25 % per annum with effect from 30 November 2001 until
31 December 2002, at the rate of 7.25 % per annum with

in Case C-550/03: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations — Direc-
tives 2001/12/EC, 2001/13/EC and 2001/14/EC — Commu-
nity's railways — Development — Licensing of railway
undertakings — Allocation of railway infrastructure capacity
and the levying of charges for the use of railway infrastruc-
ture and safety certification — Failure to transpose within
the prescribed period)

(2004/C 300/50)

(Language of the case: Greek)

In Case C-550/03: Commission of the European Communities
(Agents: W. Wils and G. Zavvos) v Hellenic Republic (Agent: N.
Dafniou) — action under Article 226 EC for failure to fulfil
obligations, brought on 23 December 2003 — the Court (Sixth
Chamber), composed of: J.-P. Puissochet, acting as the President
of the Sixth Chamber, S. von Bahr and U. Lõhmus (Rappor-
teur), Judges; P. Léger, Advocate General; R. Grass, Registrar,
has given a judgment on 7 October 2004, in which it: