Case C-44/09: Action brought on 30 January 2009 — Commission of the European Communities v Hellenic Republic
Date: 2009-01-30
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, equal treatment, gender equality, provision of services

21.3.2009

EN

Official Journal of the European Union

C 69/29

Pleas in law and main arguments

period

prescribed
The
2005/45/EC expired on 20 October 2007.

for

transposition

(1) OJ 2005 L 255, p. 160.

of Directive

It submits in its first ground of appeal that the Court of First
Instance misinterpreted and misapplied Community law with
regard to the Commission's power ratione temporis to impose the
particular financial correction, and that its judgment contains
contradictory reasoning.

The second ground is based on the submission that the Court
of First Instance misinterpreted and misapplied Community law
as regards infringement of the principle of non-retroactivity in
connection with failure to comply with publicity measures, and
that
its judgment contains contradictory reasoning in this
regard.

The third ground is based on the submission that the Court of
First Instance infringed the Community law principle of propor-
tionality.

Appeal brought on 29 January 2009 by the Hellenic
Republic against the judgment delivered by the Court of
First Instance (Eighth Chamber) on 19 November 2008 in
Case T-404/05 Hellenic Republic v Commission of the
European Communities

(Case C-43/09 P)

(2009/C 69/53)

Language of the case: Greek

Action brought on 30 January 2009 — Commission of the
European Communities v Hellenic Republic

(Case C-44/09)

(2009/C 69/54)

Language of the case: Greek

Parties

Parties

Appellant: Hellenic Republic
Meidanis and M. Tassopoulou)

(represented by: Kharalampos

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and M. Karanasou-Apostolopoulou)

Other party to the proceedings: Commission of
Communities

the European

Defendant: Hellenic Republic

Form of order sought

— hold the present appeal admissible and well founded;

— set aside in its entirety the judgment of the Court of First
Instance of 19 November 2008 in Case T-404/05 Hellenic
Republic v Commission of
the European Communities which
constitutes the subject of the present appeal;

— order the opposing party to pay all the costs.

Grounds of appeal and main arguments

By the judgment of 19 November 2008, the setting aside of
which is sought in the present appeal, the Court of First Instance
dismissed the action in its entirety.

The Hellenic Republic puts forward three grounds in support of
its appeal against that judgment.

Form of order sought

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/113/EC (1) of 13 December 2004 imple-
menting the principle of equal treatment between men and
women in the access to and supply of goods and services, or
in any event by not notifying those provisions to the
Commission, the Hellenic Republic has failed to fulfil
its
obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2004/113/EC into
domestic law expired on 21 December 2007.

(1) OJ L 373 of 21.12.2004, p. 37.