Official Journal of the European Union

C 82/21

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(Case C-54/09 P)

(2009/C 82/37)

Language of the case: Greek

Parties

Appellant: Hellenic Republic (represented by: I. Khalkias and M. Tassopoulou)

Other party to the proceedings: Commission of the European Communities

Form of order sought

—allow the appeal;

—set aside the judgment of the Court of First Instance;

—uphold the action in accordance with the form of order sought;

—order the Commission to pay all the appellant's costs.

Grounds of appeal and main arguments

The Hellenic Republic submits: (i) that the Court of First Instance misinterpreted Articles 16(1) and (2) and 17 of Regulation No 1227/2000 in finding that the time-limit laid down in Article 16(1) is binding, when it is in fact indicative — as is apparent from the interpretation of Article 16(2) and 17 of the regulation; (ii) that the Court of First Instance misinterpreted Article 10 of the Treaty and general principles of law because the Commission, in agreeing that it was aware of the corrected data 23 days prior to adoption of the contested decision but did not take them into account, and that it accepts data which are submitted belatedly by other Member States while refusing to do the same in Greece's case, infringes the principles of cooperation in good faith, sound administration and equal treatment; and (iii) that the judgment of the Court of First Instance under appeal contains contradictory reasoning given that the recognition of the binding nature of the time-limit conflicts with the recognition and admission that the Commission accepts information submitted after expiry of the time-limit too.

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