CELEX: 62011CA0244
Language: en
Date: 2012-11-08 00:00:00
Title: Case C-244/11: Judgment of the Court (Fourth Chamber) of 8 November 2012 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Articles 43 EC and 56 EC — Scheme under which prior authorisation is required for the acquisition of voting rights representing 20 % or more of the share capital in certain ‘strategic public limited companies’ — Arrangements for ex post control of certain decisions taken by those companies)

12.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/15
            
         Judgment of the Court (Fourth Chamber) of 8 November 2012 — European Commission v Hellenic Republic
   (Case C-244/11) (1)
   
   (Failure of a Member State to fulfil obligations - Articles 43 EC and 56 EC - Scheme under which prior authorisation is required for the acquisition of voting rights representing 20 % or more of the share capital in certain ‘strategic public limited companies’ - Arrangements for ex post control of certain decisions taken by those companies)
   2013/C 9/22
   Language of the case: Greek
   
      Parties
   
   
      Applicant: European Commission (represented by: E. Montaguti and G. Zavvos, Agents)
   
      Defendant: Hellenic Republic (represented by: P. Mylonopoulos and K. Boskovits, Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — National legislation under which prior approval is required for the acquisition of voting rights corresponding to 20 % or more of the total share capital in companies of national strategic importance — Breach of Articles 49 TFEU and 63 TFEU
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by laying down the requirements referred to in Article 11(1), read in conjunction with Article 11(2), and those referred to in Article 11(3) of Law 3631/2008 on the creation of a national fund for social cohesion, the Hellenic Republic has failed to fulfil its obligations under Article 43 EC on the freedom of establishment;
            
         
               2.
            
            
               Orders the Hellenic Republic to pay the costs.
            
         
      (1)  OJ C 219, 23.07.2011.