4.12.2004

Official Journal of the European Union

C 300/24

JUDGMENT OF THE COURT

(Fourth Chamber)

of 5 October 2004

in Case C-524/03: Commission of the European Communities v G. & E. Gianniotis EPE (1)

(Arbitration clause - Reimbursement of amounts advanced - Interest on late payment - Default proceedings)

(2004/C 300/49)

Language of the case: Greek

In Case C-524/03, application under Article 238 EC brought on 16 December 2003 by the Commission of the European Communities (Agent: D. Triantafyllou, assisted by N. Korogiannakis) against G. & E. Gianniotis EPE, trading under the name of ‘Nosokomeio Agia Eleni’, established in Piraeus (Greece), the Court (Fourth Chamber), composed of J.N. Cunha Rodrigues, President of the Chamber, K. Lenaerts (Rapporteur) and K. Schiemann, Judges; P. Léger, Advocate General; R. Grass, Registrar, delivered a judgment on 5 October 2004 in which it ordered:

G. & E. Gianniotis EPE to pay to the Commission of the European Communities the amount of EUR 212 010.17 by way of principal, plus interest thereon as follows:

—

in respect of the amount of EUR 72 136.15, at the rate of 6 % per annum with effect from 30 September 2001 until 31 December 2002, at the rate of 8 % per annum with effect from 1 January 2003 until the date of the judgment herein, and at the annual rate applied pursuant to the Greek law, that is to say currently Article 3(2) of Law No 2842/2000 on the replacement of the Drachma by the Euro, subject to a limit of a rate of 8 % per annum with effect from the date of the judgment herein pending full payment of the debt;

—

in respect of the amount of EUR 28 758.20, at the rate of 5.25 % per annum with effect from 30 November 2001 until 31 December 2002, at the rate of 7.25 % per annum with effect from 1 January 2003 until the date of the judgment herein, and at the annual rate applied under the aforementioned provision of Greek legislation, subject to a limit of a rate of 7.25 % per annum with effect from the date of the judgment herein pending full payment of the debt;

—

in respect of the amount of EUR 111 115.82, at the rate of 4.78 % per annum with effect from 15 January 2002 until 31 December 2002, at the rate of 6.78 % per annum with effect from 1 January 2003 until the date of the judgment herein, and at the annual rate applied under the aforementioned provision of Greek legislation, subject to a limit of a rate of 6.78 % per annum with effect from the date of the judgment herein pending full payment of the dept.

2.	G. & E. Gianniotis EPE to pay the costs.

(1) OJ C 59 of 6 March 2004.