Action brought on 22 February 2017 — European Commission v Hellenic Republic

(Case C-93/17)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: A. Bouchagiar and B. Stromsky)

Defendant: Hellenic Republic

Form of order sought

declare that, by failing to take measures to comply with the judgment delivered by the Court of Justice on 28 June 2012 in Case C-485/10 Commission v Greece, EU:C:2012:395, the Hellenic Republic has failed to fulfil its obligations under that judgment and Article 260(1) TFEU;

order the Hellenic Republic to pay to the Commission, into the ‘European Union own resources’ account, a penalty payment in the sum of EUR 34 974 for each day of delay in complying with the Court’s judgment of 28 June 2012 in Case C-485/10, in respect of the period from the day on which judgment is delivered in the present case until the day on which the judgment of 28 June 2012 has been complied with;

order the Hellenic Republic to pay to the Commission, into the ‘European Union own resources’ account, a lump sum whose amount is derived from multiplying a daily sum of EUR 3 828 by the number of days that will have elapsed from the day of delivery of the judgment of 28 June 2012 until the day on which the infringement has ended or, if there has not been compliance, until the day on which judgment is delivered in the present case;

order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

On 2 July 2008, the European Commission issued Decision 2009/610/EC on the measures C 16/04 (ex NN 29/04, CP 71/02 and CP 133/05) implemented by Greece in favour of Hellenic Shipyards. By that decision, the Commission found certain aid in favour of Hellenic Shipyards to be incompatible with the internal market and ordered its recovery, including interest calculated up to the point in time at which the aid was fully recovered.

On 8 October 2010, the Commission brought an action before the Court for infringement of Article 108(2) TFEU (Case C-485/10). The Court held on 28 June 2012 that, by failing to take, within the period laid down, all the measures necessary in order to implement the Commission decision and by failing to provide the information listed in Article 19 of that decision to the Commission within the period laid down, the Hellenic Republic had failed to fulfil its obligations under Articles 2, 3, 5, 6, 8, 9 and 11 to 19 of that decision.

Since the Hellenic Republic has not taken measures to comply with the judgment delivered by the Court on 28 June 2012, it has failed to fulfil its obligations under that judgment and Article 260(1) TFEU.

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