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Judgment of the Court (Fourth Chamber) of 14 February 2008.#Commission of the European Communities v Hellenic Republic.#Failure of a Member State to fulfil obligations - State aid - Obligation to recover.#Case C-419/06.

ECLI:EU:C:2008:89

62006CJ0419

February 14, 2008
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(Case C‑419/06)

Failure of a Member State to fulfil obligations – State aid – Obligation to recover

3. Actions for failure to fulfil obligations – Non-compliance with a Commission decision concerning State aid – Grounds of defence – Legality of the decision called in question – Inadmissible (Arts 88(2) EC and 230 EC) (see para. 52)

5. State aid – Recovery of unlawful aid – Application of national law – Conditions – Introduction of a procedure ensuring the immediate and effective implementation of the Commission’s decision (Art. 88(2), second para., EC; Council Regulation No 659/1999, Art. 14(3)) (see paras 58-59)

Re:

Failure of a Member State to fulfil obligations – Failure to take measures to comply with Commission Decision C(2005) 2706 of 14 September 2005 on the recovery of aid granted to Olympic Airlines.

Operative part

The Court:

1.Declares that, by not taking, within the prescribed period, all measures necessary to put an end to aid declared unlawful and incompatible with the common market by the Commission Decision of 14 September 2005 concerning State aid granted by Greece to Olympic Airways and Olympic Airlines, and to recover that aid from the recipients, the Hellenic Republic has failed to fulfil its obligations under Articles 2 to 4 of that decision;

2.Orders the Hellenic Republic to pay the costs.

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