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Case C-547/12 P: Appeal brought on 28 November 2012 by the Hellenic Republic against the judgment delivered on 10 October 2012 by the General Court (Second Chamber) in Case T-158/09 Greece v Commission
ECLI:EU:UNKNOWN:62012CN0547
62012CN0547
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Valentina R., lawyer
26.1.2013
Official Journal of the European Union
C 26/38
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(Case C-547/12 P)
2013/C 26/72
Language of the case: Greek
Parties
Appellant: Hellenic Republic (represented by: I. Khalkias and S. Papaioannou)
Other party to the proceedings: European Commission
Form of order sought
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—grant the appeal and set aside the contested judgment of the General Court of the European Union in so far as the General Court held that in Case 4 Magrizos II, EL./1995/017, the Commission lawfully attributed negligence to the Greek authorities as regards failure to recover the relevant financial sums;
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—uphold the first plea in law in the action for annulment of the Commission decision because, in that case, the legal conditions for applying Article 32 of Regulation No 1290/2005 and for the Commission’s charging of the sum of EUR 276 347,86 to the Hellenic Republic were not met;
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—order the Commission to pay the Hellenic Republic’s costs.
Pleas in law and main arguments
The General Court, distorting the clear sense of the evidence in the case-file, appraised the facts incorrectly in Case 4 Magrizos II, EL./1995/017, reaching the erroneous conclusion that in that case the legal conditions for applying Article 32 of Regulation No 1290/2005 and for the Commission’s charging of the sum of EUR 276 347,86 to the Hellenic Republic were met.
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