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Case C-51/20: Judgment of the Court (Second Chamber) of 20 January 2022 — 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 of recovery — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Non-compliance — Failure to comply with the obligation to recover unlawful and incompatible aid — Financial penalties — Proportionality and dissuasiveness — Periodic penalty payment — Lump sum — Ability to pay — Weighting of the Member State’s voting rights in the European Parliament)
ECLI:EU:UNKNOWN:62020CA0051
62020CA0051
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14.3.2022
Official Journal of the European Union
C 119/5
(Case C-51/20) (<span class="oj-super oj-note-tag">1</span>)
(Failure of a Member State to fulfil obligations - State aid - Aid declared unlawful and incompatible with the internal market - Obligation of recovery - Judgment of the Court establishing the failure of a Member State to fulfil its obligations - Non-compliance - Failure to comply with the obligation to recover unlawful and incompatible aid - Financial penalties - Proportionality and dissuasiveness - Periodic penalty payment - Lump sum - Ability to pay - Weighting of the Member State’s voting rights in the European Parliament)
(2022/C 119/07)
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 A. Samoni-Rantou, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt all the measures necessary to comply with the judgment of 9 November 2017, Commission v Greece (C-481/16, not published, EU:C:2017:845), the Hellenic Republic has failed to fulfil its obligations under Article 260(1) TFEU;
2.Orders the Hellenic Republic to pay the European Commission a periodic penalty payment in the amount of EUR 4 368 000 per six-month period from the date of delivery of the present judgment up to the date of full compliance with the judgment of 9 November 2017, Commission v Greece (C-481/16, not published, EU:C:2017:845);
3.Orders the Hellenic Republic to pay to the European Commission a lump sum of EUR 5 500 000;
4.Orders the Hellenic Republic to pay the costs.
* Language of the case: Greek.
(1) OJ C 87, 16.3.2020.