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Case C-797/22 P: Appeal brought on 27 December 2022 by the Hellenic Republic against the judgment of the General Court (First Chamber) delivered on 19 October 2022 in Case T-850/19, Greece v Commission
ECLI:EU:UNKNOWN:62022CN0797
62022CN0797
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Official Journal of the European Union
C 63/28
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(Case C-797/22 P)
(2023/C 63/35)
Language of the case: Greek
Parties
Appellant: Hellenic Republic (represented by: E. Leftheriotou and A.-E. Vasilopoulou)
Other party to the proceedings: European Commission
Form of order sought
The appellant submits that the Court should uphold the appeal and set aside the judgment of the General Court of the European Union of 19 October 2022 in Case T-850/19, (1) dismissing the action brought by the Hellenic Republic on 12 December 2019 seeking annulment of Commission Decision (EU) 2020/394 of 7 October 2019 concerning the measures SA.39119 (2016/C) (ex 2015/NN) (ex 2014/CP) implemented by the Hellenic Republic in the form of interest subsidies and guarantees linked to the fires of 2007 (the present decision covers only the agricultural sector) (OJ 2020 L 76, p. 4), in order then to uphold that action and annul the Commission’s decision.
Grounds of appeal and main arguments
In support of its appeal, the appellant relies on two grounds of appeal.
The first ground of appeal, alleging misinterpretation and misapplication of Article 107(1) TFEU and an insufficient and inadequate statement of reasons in the judgment under appeal, is divided into two parts.
In the first part of the first ground of appeal, it is submitted that, by misinterpreting and misapplying Article 107(1) TFEU, the General Court found that agricultural undertakings in fire-affected areas which received loans guaranteed by the Greek State (and only those undertakings) obtained an economic advantage. Furthermore, it failed to give sufficient reasons for that finding.
In the second part of the first ground of appeal, it is submitted that the General Court misinterpreted and misapplied Article 107(1) TFEU in finding that the measures at issue were selective.
The second ground of appeal alleges misinterpretation and misapplication of the concept of exceptional circumstances which render aid irrecoverable, in accordance with the general principles of proportionality and sound administration, and an inadequate and contradictory statement of reasons.
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(1) ECLI:ECLI:EU:T:2022:638.