12.1.2013
EN
Official Journal of the European Union
C 9/15
Judgment of the Court (Fourth Chamber) of 8 November 2012 — European Commission v Hellenic Republic
(Case C-244/11) (1)
(Failure of a Member State to fulfil obligations - Articles 43 EC and 56 EC - Scheme under which prior authorisation is required for the acquisition of voting rights representing 20 % or more of the share capital in certain ‘strategic public limited companies’ - Arrangements for ex post control of certain decisions taken by those companies)
2013/C 9/22
Language of the case: Greek
Parties
Applicant: European Commission (represented by: E. Montaguti and G. Zavvos, Agents)
Defendant: Hellenic Republic (represented by: P. Mylonopoulos and K. Boskovits, Agents)
Re:
Failure of a Member State to fulfil obligations — National legislation under which prior approval is required for the acquisition of voting rights corresponding to 20 % or more of the total share capital in companies of national strategic importance — Breach of Articles 49 TFEU and 63 TFEU
Operative part of the judgment
The Court:
1.
Declares that, by laying down the requirements referred to in Article 11(1), read in conjunction with Article 11(2), and those referred to in Article 11(3) of Law 3631/2008 on the creation of a national fund for social cohesion, the Hellenic Republic has failed to fulfil its obligations under Article 43 EC on the freedom of establishment;
2.
Orders the Hellenic Republic to pay the costs.
(1) OJ C 219, 23.07.2011.
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