CELEX: 62009CN0054
Language: en
Date: 2009-02-06 00:00:00
Title: Case C-54/09 P: Appeal brought on 6 February 2009 by the Hellenic Republic against the judgment of the Court of First Instance (Fifth Chamber) delivered on 11 December 2008 in Case T-339/06 Hellenic Republic v Commission of the European Communities

4.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/21
            
         Appeal brought on 6 February 2009 by the Hellenic Republic against the judgment of the Court of First Instance (Fifth Chamber) delivered on 11 December 2008 in Case T-339/06 Hellenic Republic v Commission of the European Communities
   (Case C-54/09 P)
   (2009/C 82/37)
   Language of the case: Greek
   Parties
   
      Appellant: Hellenic Republic (represented by: I. Khalkias and M. Tassopoulou)
   
      Other party to the proceedings: Commission of the European Communities
   Form of order sought
   
               —
            
            
               allow the appeal;
            
         
               —
            
            
               set aside the judgment of the Court of First Instance;
            
         
               —
            
            
               uphold the action in accordance with the form of order sought;
            
         
               —
            
            
               order the Commission to pay all the appellant's costs.
            
         Grounds of appeal and main arguments
   The Hellenic Republic submits: (i) that the Court of First Instance misinterpreted Articles 16(1) and (2) and 17 of Regulation No 1227/2000 in finding that the time-limit laid down in Article 16(1) is binding, when it is in fact indicative — as is apparent from the interpretation of Article 16(2) and 17 of the regulation; (ii) that the Court of First Instance misinterpreted Article 10 of the Treaty and general principles of law because the Commission, in agreeing that it was aware of the corrected data 23 days prior to adoption of the contested decision but did not take them into account, and that it accepts data which are submitted belatedly by other Member States while refusing to do the same in Greece's case, infringes the principles of cooperation in good faith, sound administration and equal treatment; and (iii) that the judgment of the Court of First Instance under appeal contains contradictory reasoning given that the recognition of the binding nature of the time-limit conflicts with the recognition and admission that the Commission accepts information submitted after expiry of the time-limit too.