Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62012CN0554

    Case C-554/12 P: Appeal brought on 30 November 2012 by the European Commission against the judgment delivered by the General Court (Sixth Chamber) on 20 September 2012 in Case T-421/09 DEI v European Commission

    IO C 32, 2.2.2013, p. 11–11 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    30/11/2012
    Date lodged:
    30/11/2012
    Author:
    An Chúirt Bhreithiúnais
    Form:
    Faisnéis bhreithiúnach
    Authentic language:
    Gréigis
    Link
    Select all documents mentioning this document
    Case affecting:
    Link

    2.2.2013   

    EN

    Official Journal of the European Union

    C 32/11

    Appeal brought on 30 November 2012 by the European Commission against the judgment delivered by the General Court (Sixth Chamber) on 20 September 2012 in Case T-421/09 DEI v European Commission

    (Case C-554/12 P)

    2013/C 32/15

    Language of the case: Greek

    Parties

    Appellant: European Commission (represented by: T. Khristoforou and A. Antoniadis, Agents, and A. Ikonomou, dikigoros)

    Other parties to the proceedings: Dimosia Epikhirisi Ilektrismou AE (DEI), Hellenic Republic

    Form of order sought

    —

    set aside the General Court’s judgment of 20 September 2012 in Case T-421/09 in its entirety;

    —

    give final judgment in the matter if it is considered that the state of the proceedings so permits;

    —

    order DEI to pay its own costs, and the Commission’s costs at first instance and on appeal.

    Pleas in law and main arguments

    1.

    By its judgment in Case T-421/09, the General Court annulled the decision of 4 August 2009 by which the Commission found that the corrective measures proposed by the Hellenic Republic were necessary and proportionate for removing the consequences of the infringement and ensuring compliance with the previous decision of 5 March 2008 (‘the decision of 4 August 2009’ or ‘the contested decision’). The General Court held that the contested decision had to be annulled, basing its assessment solely on the fact that the Commission’s previous decision of 5 March 2008, upon which the contested decision was exclusively founded, had in the meantime been annulled by its judgment in Case T-169/08, also delivered on 20 September 2012.

    2.

    Since the Commission considers that the General Court’s judgment in Case T-169/08 is based on many errors of law, on defective and insufficient reasoning and on misinterpretation of the evidence and of the basis of the Commission’s decision of 5 March 2008, it has already also brought an appeal against that judgment of the General Court. Therefore, if that appeal against the judgment in Case T-169/08 is upheld, the sole basis upon which the judgment under appeal in the present case (T-421/09) was founded will also automatically disappear.
    Top