21.3.2009

Official Journal of the European Union

C 69/29

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(Case C-43/09 P)

(2009/C 69/53)

Language of the case: Greek

Parties

Appellant: Hellenic Republic (represented by: Kharalampos Meidanis and M. Tassopoulou)

Other party to the proceedings: Commission of the European Communities

Form of order sought

—hold the present appeal admissible and well founded;

—set aside in its entirety the judgment of the Court of First Instance of 19 November 2008 in Case T-404/05 Hellenic Republic v Commission of the European Communities which constitutes the subject of the present appeal;

—order the opposing party to pay all the costs.

Grounds of appeal and main arguments

By the judgment of 19 November 2008, the setting aside of which is sought in the present appeal, the Court of First Instance dismissed the action in its entirety.

The Hellenic Republic puts forward three grounds in support of its appeal against that judgment.

It submits in its first ground of appeal that the Court of First Instance misinterpreted and misapplied Community law with regard to the Commission's power ratione temporis to impose the particular financial correction, and that its judgment contains contradictory reasoning.

The second ground is based on the submission that the Court of First Instance misinterpreted and misapplied Community law as regards infringement of the principle of non-retroactivity in connection with failure to comply with publicity measures, and that its judgment contains contradictory reasoning in this regard.

The third ground is based on the submission that the Court of First Instance infringed the Community law principle of proportionality.

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