14.12.2013

Official Journal of the European Union

C 367/15

(Case C-263/12) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - State aid - Commission Decision ordering recovery of aid - Failure to comply with a Commission Decision)

2013/C 367/25

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Patakia and B. Stromsky, acting as Agents)

Defendant: Hellenic Republic (represented by: P. Mylonopoulos, K. Boskovits, G. Kanellopoulos and M. Karageorgou, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3 and 4 of Commission Decision 2011/452/EU of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Khrisos A.E. (notified under document C(2011) 1006) (OJ 2011 L 193, p. 27) — Failure to take all the measures necessary for the recovery of aid which has been found to be unlawful and incompatible with the common market

Operative part of the judgment

The Court:

1.Declares that, by not adopting within the prescribed period all the measures necessary to recover from Ellinikos Khrisos A.E. the aid granted to that undertaking on the sale, by the Greek State, of immovable property, aid declared to be unlawful and incompatible with the common market by Commission Decision C(2011) 1006 final of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Khrisos A.E., the Hellenic Republic has failed to fulfil its obligations under Articles 2 and 3 of that decision.

2.Orders the Hellenic Republic to pay the costs.

(<span class="super">1</span>) OJ C 217, 21.7.2012.