CELEX: C2007/155/19
Language: en
Date: 2007-07-07 00:00:00
Title: Case C-203/07 P: Appeal brought on 16 April 2007 by the Hellenic Republic against the judgment delivered by the Court of First Instance (First Chamber) on 17 January 2007 in Case T-231/04 Hellenic Republic v Commission of the European Communities

7.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/10
            
         Appeal brought on 16 April 2007 by the Hellenic Republic against the judgment delivered by the Court of First Instance (First Chamber) on 17 January 2007 in Case T-231/04 Hellenic Republic v Commission of the European Communities
   (Case C-203/07 P)
   (2007/C 155/19)
   Language of the case: Greek
   Parties
   
      Appellant: Hellenic Republic (represented by: P. Milonopoulos and S. Trekli)
   
      Other party to the proceedings: Commission of the European Communities
   Form of order sought
   
               —
            
            
               allow the present appeal;
            
         
               —
            
            
               set aside the judgment of the Court of First Instance in so far as it is contested;
            
         
               —
            
            
               grant the application in accordance with the form of order sought;
            
         
               —
            
            
               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The Hellenic Republic submits that the Court of First Instance of the European Communities misinterpreted Articles 12, 13 and 15 of the initial memorandum of understanding, Article 14 of the additional memorandum and the principles of good faith and of the protection of legitimate expectations, since it held that the obligations of the Member States in connection with the Abuja I and II projects were determined by the conduct of each Member State and not that they were of a purely contractual nature and determined by the provisions of the two abovementioned memoranda; on a proper interpretation of the foregoing provisions of those contractual documents, however, it had to be accepted that financial obligations had not arisen for the Hellenic Republic since it had only signed and had not ratified the additional memorandum, it had therefore not approved that memorandum, and all the special conditions laid down for the arising of financial obligations had not been met in the case of the Hellenic Republic.
   The Hellenic Republic submits that the Court of First Instance of the European Communities misinterpreted Article 15 of the initial memorandum of understanding in holding that, prior to signature of the additional memorandum, an agreement was implicitly concluded by the partners on 24 February 1997 to implement the project and in this way Article 15(1) essentially was set aside or was amended.