On 5 February 2009 the Advocate-General (the “AG”) of the European Court of Justice (“the ECJ”) delivered his opinion that Greece should pay a daily penalty of €15,768 and a lump sum penalty of €2 million for its persistent failure to recover unlawful State aid granted to Olympic Airlines.1 This is the first time that the European Commission (the “Commission”) has used powers, under Article 228(2) of the EC Treaty, to request the ECJ to impose such penalties in a State aid case.

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