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Case C-407/09: Judgment of the Court (First Chamber) of 31 March 2011 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Breach of the obligation to comply with a judgment of the Court — Financial penalties — Imposition of a lump sum payment)

ECLI:EU:UNKNOWN:62009CA0407

62009CA0407

March 31, 2011
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21.5.2011

Official Journal of the European Union

C 152/5

(Case C-407/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Breach of the obligation to comply with a judgment of the Court - Financial penalties - Imposition of a lump sum payment)

2011/C 152/08

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Condou-Durande and A.-M. Rouchaud-Joët, Agents)

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou and N. Dafniou, Agents)

Re:

Failure of a Member State to fulfil obligations — Article 228 EC — Non-compliance with the judgment of the Court of 18 July 2007 in Case C-26/07 — Failure to adopt all the measures necessary to comply with Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ 2004 L 261, p. 15) — Request that a penalty payment be set

Operative part of the judgment

The Court:

1.Declares that, by failing to take the measures necessary to comply with the judgment of 18 July 2007 in Case C-26/07 Commission v Greece by the date of expiry of the period prescribed in the reasoned opinion that was issued by the Commission of the European Communities on 23 September 2008 pursuant to Article 228 EC, the Hellenic Republic failed to fulfil its obligations under Article 228(1) EC;

2.Orders the Hellenic Republic to pay to the European Commission, into the account ‘European Union own resources’, a lump sum of EUR 3 million;

3.Orders the Hellenic Republic to pay the costs.

(<span class="super">1</span>) OJ C 11, 16.1.2010.

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