Official Journal of the European Union

C 9/15

(Case C-244/11)(Failure of a Member State to fulfil obligations - Articles 43 EC and 56 EC - Scheme under which prior authorisation is required for the acquisition of voting rights representing 20 % or more of the share capital in certain ‘strategic public limited companies’ - Arrangements for ex post control of certain decisions taken by those companies)

2013/C 9/22

Language of the case: Greek

Parties

Applicant: European Commission (represented by: E. Montaguti and G. Zavvos, Agents)

Defendant: Hellenic Republic (represented by: P. Mylonopoulos and K. Boskovits, Agents)

Re:

Failure of a Member State to fulfil obligations — National legislation under which prior approval is required for the acquisition of voting rights corresponding to 20 % or more of the total share capital in companies of national strategic importance — Breach of Articles 49 TFEU and 63 TFEU

Operative part of the judgment

The Court:

1.Declares that, by laying down the requirements referred to in Article 11(1), read in conjunction with Article 11(2), and those referred to in Article 11(3) of Law 3631/2008 on the creation of a national fund for social cohesion, the Hellenic Republic has failed to fulfil its obligations under Article 43 EC on the freedom of establishment;

2.Orders the Hellenic Republic to pay the costs.

Language of the case: Greek.

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ECLI:EU:C:2013:740

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