CELEX: 62012CN0547
Language: en
Date: 2012-11-28 00:00:00
Title: Case C-547/12 P: Appeal brought on 28 November 2012 by the Hellenic Republic against the judgment delivered on 10 October 2012 by the General Court (Second Chamber) in Case T-158/09 Greece v Commission

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/38
            
         Appeal brought on 28 November 2012 by the Hellenic Republic against the judgment delivered on 10 October 2012 by the General Court (Second Chamber) in Case T-158/09 Greece v Commission
   (Case C-547/12 P)
   2013/C 26/72
   Language of the case: Greek
   
      Parties
   
   
      Appellant: Hellenic Republic (represented by: I. Khalkias and S. Papaioannou)
   
      Other party to the proceedings: European Commission
   
      Form of order sought
   
   
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               grant the appeal and set aside the contested judgment of the General Court of the European Union in so far as the General Court held that in Case 4 Magrizos II, EL./1995/017, the Commission lawfully attributed negligence to the Greek authorities as regards failure to recover the relevant financial sums;
            
         
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               uphold the first plea in law in the action for annulment of the Commission decision because, in that case, the legal conditions for applying Article 32 of Regulation No 1290/2005 and for the Commission’s charging of the sum of EUR 276 347,86 to the Hellenic Republic were not met;
            
         
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               order the Commission to pay the Hellenic Republic’s costs.
            
         
      Pleas in law and main arguments
   
   The General Court, distorting the clear sense of the evidence in the case-file, appraised the facts incorrectly in Case 4 Magrizos II, EL./1995/017, reaching the erroneous conclusion that in that case the legal conditions for applying Article 32 of Regulation No 1290/2005 and for the Commission’s charging of the sum of EUR 276 347,86 to the Hellenic Republic were met.