CELEX: 62007CA0568
Language: en
Date: 2009-06-04 00:00:00
Title: Case C-568/07: Judgment of the Court (Second Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Articles 43 EC and 48 EC — Opticians — Conditions of establishment — Establishment and operation of opticians’ shops — Incomplete compliance with a judgment of the Court — Lump sum)

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/11
            
         Judgment of the Court (Second Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic
   (Case C-568/07) (1)
   
   (Failure of a Member State to fulfil obligations - Articles 43 EC and 48 EC - Opticians - Conditions of establishment - Establishment and operation of opticians’ shops - Incomplete compliance with a judgment of the Court - Lump sum)
   2009/C 180/18
   Language of the case: Greek
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: G. Zavvos and E. Traversa, acting as Agents)
   
      Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to comply fully with the Court’s judgment of 21 April 2005 in Case C-140/03 Commission v Greece concerning infringement of Articles 43 and 48 EC with regard to the ownership, establishment and operation of shops for the sale of optical articles — National law allowing only authorised opticians to own opticians’ shops — Application for the setting of a penalty payment
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to take, by the date on which the time-limit set in the reasoned opinion issued by the Commission pursuant to Article 228 EC expired, all the measures necessary to comply with the judgment of 21 April 2005 in Case C-140/03 Commission v Greece, the Hellenic Republic has failed to fulfil its obligations under Article 228(1) EC.
            
         
               2.
            
            
               Orders the Hellenic Republic to pay into the ‘European Community own resources’ account of the Commission of the European Communities a lump sum of EUR 1 million.
            
         
               3.
            
            
               Orders the Hellenic Republic to pay the costs.
            
         
      (1)  OJ C 64, 8.3.2008.