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Document 62007CA0369
Case C-369/07: Judgment of the Court (Grand Chamber) of 7 July 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Measures for compliance with a judgment of the Court — Article 228 EC — Financial penalties — Penalty payment — Lump sum payment)
Case C-369/07: Judgment of the Court (Grand Chamber) of 7 July 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Measures for compliance with a judgment of the Court — Article 228 EC — Financial penalties — Penalty payment — Lump sum payment)
Case C-369/07: Judgment of the Court (Grand Chamber) of 7 July 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Measures for compliance with a judgment of the Court — Article 228 EC — Financial penalties — Penalty payment — Lump sum payment)
OJ C 205, 29.8.2009, p. 4–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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29.8.2009 |
EN |
Official Journal of the European Union |
C 205/4 |
Judgment of the Court (Grand Chamber) of 7 July 2009 — Commission of the European Communities v Hellenic Republic
(Case C-369/07) (1)
(Failure of a Member State to fulfil obligations - State aid - Measures for compliance with a judgment of the Court - Article 228 EC - Financial penalties - Penalty payment - Lump sum payment)
2009/C 205/05
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: E. Righini, I. Hadjiyiannis and D.Triantafyllou, Agents)
Defendant: Hellenic Republic (represented by: A. Samoni-Rantou and P. Mylonopoulos, Agents, and V. Christianos and P. Anestis, dikigoroi)
Re:
Failure of a Member State to fulfil obligations — Article 228 EC — Non-compliance with the judgment of the Court of 12 May 2005 in Case C-415/03 — Infringement of Articles 3 and 4 of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to Olympic Airways (OJ 2003 L 132, p. 1) — Failure to take measures to recover aid incompatible with the Treaty and aid granted unlawfully — Application for imposition of a penalty payment
Operative part of the judgment
The Court:
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1. |
Declares that, by failing to adopt, by the date on which the period prescribed in the reasoned opinion expired, the measures necessary to comply with the judgment in Case C-415/03 Commission v Greece concerning repayment of the aid found to be unlawful and incompatible with the common market in accordance with Article 3 of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to Olympic Airways, the Hellenic Republic has failed to fulfil its obligations under that decision and under Article 228(1) EC. |
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2. |
Orders the Hellenic Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a penalty payment of EUR 16 000 for each day of delay in adopting the measures necessary to comply with the judgment in Case C-415/03 Commission v Greece, from one month after the day on which judgment is delivered in the present case until the day on which the judgment in Case C-415/03 is complied with. |
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3. |
Orders the Hellenic Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a lump sum of EUR 2 million. |
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4. |
Orders the Hellenic Republic to pay the costs. |