Case C-419/06: Judgment of the Court (Fourth Chamber) of 14 February 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Obligation to recover)
Date: 2008-02-14
Institutions: Court of Justice
Subjects: European Commission, Greece, State aid, action for failure to fulfil an obligation, carrier, control of State aid, redemption

29.3.2008

EN

Official Journal of the European Union

C 79/5

Operative part of the judgment

The Court:

1. Declares that, by maintaining in force measures such as those laid
down in the Supplementary Provision No 27 to Law 55/1999 of
29 December 1999 on fiscal, administrative and social measures,
in the version of that provision in Article 94 of Law 62/2003 of
30 December 2003, which limits the voting rights of shares held
by public bodies in Spanish undertakings operating in the energy
sector, the Kingdom of Spain has failed to fulfil
its obligations
under Article 56 EC.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 212 of 2.9.2006.

Judgment of the Court (Fourth Chamber) of 14 February
the European Communities v
2008 — Commission of

Hellenic Republic

(Case C-419/06) (1)

(Failure of a Member State to fulfil obligations — State aid
— Obligation to recover)

(2008/C 79/07)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Righini, M. Konstantinidis, D. Triantafyllou and I.
Chatzigiannis, acting as Agents)

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou,
P. Mylonopoulos, acting as Agents, V. Christianos and P. Anestis,
dikigoroi)

Re:

Failure of a Member State to fulfil obligations — Failure to take
measures to comply with Commission Decision C(2005) 2706
of 14 September 2005 on the recovery of aid granted to
Olympic Airlines

Operative part of the judgment

The Court:

1. Declares that, by not

taking, within the prescribed period, all
measures necessary to put an end to aid declared unlawful and

incompatible with the common market by the Commission Decision
of 14 December 2005 concerning State aid granted by Greece to
Olympic Airways and Olympic Airlines, and to recover that aid
its
from the recipients, the Hellenic Republic has failed to fulfil
obligations under Articles 2 to 4 of that decision.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 310, 16.12.2006.

Judgment of the Court (Fourth Chamber) of 14 February
2008 (reference for a preliminary ruling from the Tribunal
du travail de Bruxelles (Belgium)) — Sophiane Gysen v
Groupe S-Caisse d'Assurances sociales pour indépendants

(Case C-449/06) (1)

(Officials — Remuneration — Staff Regulations — Family
allowances — Calculation of the amount of national family
allowances — Determination of the ranking of the children —
Child giving rise to entitlement to family allowances under the
Staff Regulations)

(2008/C 79/08)

Language of the case: French

Referring court

Tribunal du travail de Bruxelles (Belgium)

Parties to the main proceedings

Applicant: Sophiane Gysen

Defendant: Groupe S-Caisse d'Assurances sociales pour indépen-
dants

Re:

Reference for a preliminary ruling — Tribunal du travail de
Bruxelles — Interpretation [of Article 67] of Regulation (EEC,
Euratom, ECSC) No 259/68 of the Council of 29 February
1968 laying down the Staff Regulations of Officials and the
Conditions of Employment of Other Servants of the European
Communities (OJ 1968 L 56, p. 1) — Family allowances —
Permissibility of a national
family allowance system which
excludes, from the calculation of the order of the beneficiary
children, children in respect of whom there is entitlement to
family allowances under the Staff Regulations — Legal classifica-
tion of the Staff Regulations of Officials under national law