CELEX: 62019CN0298
Language: en
Date: 2019-04-11 00:00:00
Title: Case C-298/19: Action brought on 11 April 2019 — European Commission v Hellenic Republic

24.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 213/15
            
         
      Action brought on 11 April 2019 — European Commission v Hellenic Republic
      (Case C-298/19)
      (2019/C 213/14)
      Language of the case: Greek
      
         Parties
      
      
         Applicant: European Commission (represented by: M. Konstantinos’s and E. Emanuele, acting as Agents)
      
         Defendant: Hellenic Republic
      
         Form of order sought
      
      The Commission claims that the Court should:
      
                  —
               
               
                  Declare that the Hellenic Republic, by failing to take all measures required for the implementation of the judgment delivered by the Court on 23 April 2015, in Case C-149/14, Rollison v Greece, (1) has failed to fulfil its obligations under Article 260(1) TFEU;
               
            
                  —
               
               
                  Order the Hellenic Republic to pay a proposed penalty payment of EUR 23 753.25 for each day of delay in the implementation of the judgment delivered in Case C-149/14, from the date when the judgment in this case is delivered until the date when the judgment that was delivered in C-149/14 has been implemented;
               
            
                  —
               
               
                  order the Hellenic Republic to pay a daily lump sum amounting to EUR 2 639.25 per day from the date of delivery of the judgment in Case C-149/14 until the date when the judgment in the present case is delivered or the date when the judgment in C-149/14 is implemented, if earlier, and provided that the above amount does not exceed it, to order payment of a minimum lump sum of EUR 1 310 000,
               
            
                  —
               
               
                  order the Hellenic Republic to pay the costs
               
            
         Pleas in law and main arguments
      
      
                  1.
               
               
                  On the basis of Article 260(1) TFEU, the Hellenic Republic is obliged to take the necessary measures to comply with the judgment of the Court in Case C-149/14. However, the Hellenic Republic failed to take all the necessary measures to comply with the operative part of that judgment. In particular, the Hellenic Republic failed to undertake a programme of work in relation to vulnerable areas characterised by the presence of bodies of surface water or groundwater which are affected by pollution caused by nitrates from agricultural sources. Consequently, the Commission decided to bring an action before the Court.
               
            
                  2.
               
               
                  By this action, the Commission asks the Court to impose on the Hellenic Republic a lump sum amounting to EUR 2 639.25 per day and a penalty payment of EUR 23 753.25 per day. The amounts of the lump sum and the penalty payment have been calculated taking into account the seriousness and duration of the infringement and the deterrent effect, based on that Member State’s ability to pay.
               
            
         (1)  1EU:C:2015:264.