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Case C-363/16: Judgment of the Court (First Chamber) of 17 January 2018 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Obligation to recover — Second subparagraph of Article 108(2) TFEU — Regulation (EC) No 659/1999 — Article 14(3) — Undertaking benefiting from the aid declared insolvent — Insolvency proceedings — Registration of the liabilities in the schedule of liabilities — Cessation of activities — Suspension of insolvency proceedings for the purposes of examining the prospect of relaunching the business — Obligation to provide information — Failure to perform)
ECLI:EU:UNKNOWN:62016CA0363
62016CA0363
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Official Journal of the European Union
C 83/3
(Case C-363/16)(Failure of a Member State to fulfil obligations - State aid - Aid declared unlawful and incompatible with the internal market - Obligation to recover - Second subparagraph of Article 108(2) TFEU - Regulation (EC) No 659/1999 - Article 14(3) - Undertaking benefiting from the aid declared insolvent - Insolvency proceedings - Registration of the liabilities in the schedule of liabilities - Cessation of activities - Suspension of insolvency proceedings for the purposes of examining the prospect of relaunching the business - Obligation to provide information - Failure to perform)
(2018/C 083/04)
Language of the case: Greek
Parties
Applicant: European Commission (represented by: A. Bouchagiar and B. Stromsky, acting as Agents,
Defendant: Hellenic Republic (represented by: K. Boskovits and V. Karra, acting as Agents.)
Operative part of the judgment
The Court:
1.Declares that, by failing to take, within the prescribed periods, all the measures necessary for the implementation of Commission Decision 2012/541/EU of 22 February 2012 on the State aid SA.26534 (C 27/10 ex NN 6/09) implemented by Greece in favour of United Textiles SA, and by failing to inform the Commission adequately of the measures taken pursuant to that decision, the Hellenic Republic has failed to fulfil its obligations under Articles 2 to 4 of that decision as and under the TFEU.
2.Orders the Hellenic Republic to pay the costs.
Language of the case: Greek.
(1) OJ C 305, 22.8.2016.