21.7.2012

Official Journal of the European Union

C 217/13

(Case C-263/12)

2012/C 217/30

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Patakia and B. Stromsky)

Defendant: Hellenic Republic

Form of order sought

—declare that, by not taking within the prescribed period all the measures necessary for recovery of the aid implemented by Greece in favour of Ellinikos Khrisos A.E. (C 48/2008 (ex NN 61/2008)) and found to be unlawful and incompatible with the common market pursuant to Article 1 of the Commission decision of 23 February 2011 (C(2011) 1006 final) or, in any event, by not informing the Commission sufficiently of the measures which it has taken in accordance with that article, the Hellenic Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and the Treaty on the Functioning of the European Union;

—order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

1.On 23 February 2011 the Commission decided that the State aid amounting to EUR 15.34 million unlawfully granted by Greece in breach of Article 108(3) of the Treaty on the Functioning of the European Union, in favour of Ellinikos Khrisos A.E., by way of a sale of assets and land below its value and a waiver of the associated taxes, with the aim of protecting employment and the environment and also of creating an incentive for potential buyers of the Cassandra Mines, was incompatible with the internal market. (1) By that decision, the Commission asked the Hellenic Republic to recover the aid, together with interest, from the beneficiary. The Hellenic Republic was also obliged to inform the Commission of the measures to implement the decision.

2.The Hellenic Republic requested an extension of the two-month period for the provision of information, which it was not granted by the Commission because no justification was advanced therefor.

3.Despite the Commission’s letters of reminder to the Hellenic Republic of 19 May 2011 and 14 July 2011, no information was given to the Commission, within the time-limit laid down, concerning the adoption of measures to implement the Commission decision.

4.On 8 May 2012, the Greek authorities notified the Commission of their letter of 25 April 2012 by which they demanded repayment of the State aid in question from Ellinikos Khrisos A.E. within 30 days. The Commission observes, however, that the amount that must be recovered is not mentioned in that letter. It is to be noted that, even if the principal sum of the State aid was calculated by the Commission in its aforementioned decision, the Greek authorities did not calculate the amount of interest, as they were obliged to do, and they do not mention it in their demand addressed to the company. In any event, that first reaction on the part of the Greek authorities occurred 14 months after the Commission decision and since then the Commission has no other information relating to the recovery of the State aid at issue.

Article 1 of the Commission Decision of 23 February 2011 on the State aid C 48/2008 (ex NN 61/2008) implemented by Greece in favour of Ellinikos Khrisos A.E.