CELEX: C2007/269/44
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-369/07: Action brought on 3 August 2007 — Commission of the European Communities v Hellenic Republic

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/22
            
         Action brought on 3 August 2007 — Commission of the European Communities v Hellenic Republic
   (Case C-369/07)
   (2007/C 269/44)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: E. Righini and I. Khatzigiannis)
   
      Defendant: Hellenic Republic
   Form of order sought
   
               —
            
            
               Declare that by not having taken the necessary measures to comply with the judgment of the Court of 12 May 2005 in Case C-415/03, relating to the failure of the Hellenic Republic to fulfil its obligations under Article 3 of the decision of 2002 on aid granted by Greece to Olympic Airways, the Hellenic Republic has failed to fulfil its obligations under that decision and Article 228(1) EC;
            
         
               —
            
            
               Order the Hellenic Republic to pay to the Commission the proposed penalty payment of EUR 53 611 for each day of delay in compliance with the judgment in Case C-415/03 relating to the decision of 2002, running from the date of delivery of the judgment in the present case until the date upon which the judgment in Case C-415/03 has been complied with;
            
         
               —
            
            
               Order the Hellenic Republic to make a lump sum payment to the Commission, the amount of which is calculated by multiplying a daily amount by the number of days over which the failure to fulfil obligations continues, running from the date of delivery of the judgment in Case C-415/03 until the date of delivery of the judgment in the present case in relation to the decision of 2002;
            
         
               —
            
            
               Order the Hellenic Republic to pay the costs.
            
         Pleas in law and main arguments
   
               1.
            
            
               In the judgment of 12 May 2005 in Case C-415/03 the Court held that, by failing to take within the prescribed period all the measures necessary for repayment of the aid found to be unlawful and incompatible with the common market — except that relating to the contributions to the national social security institution (IKA) —, in accordance with Article 3 of Commission Decision 2003/372 of 11 December 2002, the Hellenic Republic had failed to fulfil its obligations under that article.
            
         
               2.
            
            
               Given that the Hellenic Republic has not notified the Commission of any measure to comply with the judgment of the Court in Case C-415/03, despite assurances to the contrary from the Greek authorities, and that the Hellenic Republic has not yet recovered the aid held to be incompatible with the decision of 2002, the Commission has decided to bring the case before the Court of Justice under Article 228 EC.
            
         
               3.
            
            
               In accordance with Article 228 EC and the relevant case-law of the Court, where the Commission brings proceedings before the Court of Justice because a Member State has not taken the measures necessary to comply with a judgment of the Court within the time limit laid down by the Commission, the Commission is to specify the amount of the lump sum and/or penalty payment to be paid by the Member State and which the Commission considers appropriate in the circumstances. The final decision as to the financial penalties to be imposed, as provided for by Article 228 EC, is taken by the Court, which in this case has unlimited jurisdiction.
            
         
               4.
            
            
               Both the amount of the penalty payment and the amount of the lump sum proposed by the Commission to the Court in the present action are calculated according to the method established in the Communication of the Commission of 13 December 2005 on the application of Article 228 EC.