99Thirdly, the French Republic argues that the Commission referred, first, to the case-law of the European Court of Human Rights relating to the non-implementation of judicial decisions, which itself gave rise to an infringement of the right of property, in particular Société de gestion du port de Campoloro et Société fermière de Campoloro v France (see recitals 204 to 211 of the contested decision) and, second, the theory of appearance, in that the creditors of the EPICs were led to believe in the existence of a State guarantee. It is clear that recourse to that theory was put forward merely superfluously. The Commission thus stated, in recital 227 of the contested decision, that ‘[u]se of the theory of appearance enables what has been demonstrated to be confirmed’. Therefore, the argument to the effect that the theory of appearance cannot apply in a scenario such as the present case, where the establishment of claims is at issue, must be held to be ineffective. An incorrect ground need not lead to annulment of the measure thereby vitiated if it is superfluous and there are other grounds which provide a basis for it (see judgment of 7 April 2011 in Case C-321/09 PGreece v Commission, not published in the ECR, paragraph 61 and the case-law cited).