# C_2006326EN.01004803.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/48 |
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30.12.2006

EN

Official Journal of the European Union

C 326/48

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Action brought on 24 November 2006 — Commission of the European Communities v Hellenic Republic

(Case C-481/06)

(2006/C 326/99)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: M. Patakia and X. Lewis)

Applicant:

Defendant: Hellenic Republic

Defendant:

Form of order sought

| — | declare that, by retaining in force Article 7(2) of Law 2955/2001, and by means of the Joint Ministerial Decisions (DI6a/ik 38611 and DI6a/ik 38609 of 12 April 2005) implementing that provision, the Hellenic Republic has failed to fulfil its obligation flowing from Article 6(3) of Directive 93/36/EEC (1) coordinating procedures for the award of public supply contracts and its obligation, as laid down by the case-law of the Court of Justice of the European Communities, to ensure effective and fair competition; |
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declare that, by retaining in force Article 7(2) of Law 2955/2001, and by means of the Joint Ministerial Decisions (DI6a/ik 38611 and DI6a/ik 38609 of 12 April 2005) implementing that provision, the Hellenic Republic has failed to fulfil its obligation flowing from Article 6(3) of Directive 93/36/EEC (1) coordinating procedures for the award of public supply contracts and its obligation, as laid down by the case-law of the Court of Justice of the European Communities, to ensure effective and fair competition;

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| — | order the Hellenic Republic to pay the costs. |
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order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Commission received a complaint relating to the provision of Greek legislation which has placed all material for medical use into categories and set a specific maximum price for each category. That provision, in conjunction with the joint ministerial decisions implementing it, constitutes a legislative framework which allows the direct award of public supply contracts for whole groups of the foregoing products which are classified as not comparable.

In the light of the case-law of the Court of Justice, the Commission considers that the legislative framework in question is contrary to Article 6(3) of Directive 93/36 coordinating procedures for the award of public supply contracts and to the obligation to ensure effective and fair competition. Inasmuch as that provision is in the nature of an exception, it must be interpreted narrowly and it is not possible to allow direct awards for whole categories of products. Also, contracting authorities must make sure that effective competition is preserved and ensure transparency in the public supply field, which is not possible with direct awards, apart from the exceptional cases laid down in Article 6(3) of Directive 93/36.

The Greek authorities did not contest the Commission's submissions or the existence of the alleged infringement and announced their intention to amend the legislative provision at issue. Nevertheless, no such amendment had been made known up until the date on which the action was brought.

The Commission consequently considers that the Hellenic Republic has failed to fulfil its obligation under Article 6(3) of Directive 93/36 and its obligation to ensure effective and fair competition.

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(1)  OJ No L 199, 9.8.1993, p. 1.

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