declare that, by failing to adopt within the prescribed period all the measures necessary to implement the Commission’s decision of 7 December 2011 in the case SA.28864 SA.28864 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 or, in any event, by failing to inform the Commission sufficiently — in accordance with Article 4 of that decision — of the measures it has taken, the Hellenic Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and under the Treaty on the Functioning of the European Union;

order Hellenic Republic to pay the costs.

Pleas in law and main arguments

Under the terms of the Commission decision of 7 December 2011 in case SA.28864, the Hellenic Republic was required to recover within four months the incompatible aid paid by the Greek Agricultural Insurance Agency (ELGA) during 2008 and 2009 and to provide sufficient information to the Commission regarding the necessary measures adopted to that end.

However, the Hellenic Republic has not recovered that aid as it was required to do. Moreover, the Hellenic Republic has not yet adopted the measures necessary to implement the decision. In any event, the Hellenic Republic has not sufficiently informed the European Commission of the measures relevant to the implementation of the decision.