This document is an excerpt from the EUR-Lex website
Document 62012CN0547
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
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
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
OJ C 26, 26.1.2013, p. 38–38
(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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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.