Judgment of the Court (First Chamber) of 14 November 2018 — European Commission v Hellenic Republic

(Case C-93/17) (1)

((Failure of a Member State to fulfil obligations - State aid - Aid declared unlawful and incompatible with the internal market - Recovery requirement - Judgment of the Court establishing a failure to fulfil its obligations - Undertaking which engages in both civil and military activities - Non-implementation - Essential interests of the security of a Member State - Article 346(1)(b) TFEU - Financial penalties - Periodic penalty payment - Lump sum - Ability to pay - ‘N’ Factor - Factors which are the basis for the assessment of the ability to pay - Gross domestic product - Weighting of votes of the Member State in the Council of the European Union - New voting rules in the Council))

(2019/C 16/09)

Language of the case: Greek

Parties

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

Defendant: Hellenic Republic (represented by: K. Boskovits and A. Samoni-Rantou, acting as Agents)

Operative part of the judgment

The Court:

1.

Declares that, by failing to take, on the date on which the period prescribed in the letter of formal notice issued on 27 November 2014 by the European Commission, all the measures all the measures necessary to comply with the judgment of 28 June 2012, Commission v Greece (C-485/10, EU:C:2012:395), the Hellenic Republic has failed to fulfil its obligations under Article 260(1) TFUE.

2.	Orders the Hellenic Republic to pay the European Commission a periodic penalty payment of EUR 7 294 000 for each six month period from the date of delivery of the present judgement until the date of compliance with the judgment of 28 June 2012, Commission v Greece (C-485/10, EU:C:2012:395).

3.	Orders the Hellenic Republic to pay to the European Commission a lump sum EUR 10 000 000.

4.	Orders the Hellenic Republic to pay the costs.

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(1)  OJ C 129, 24.4.2017.