# C_2005193EN.01001801.xml

| 6.8.2005 | EN | Official Journal of the European Union | C 193/18 |
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6.8.2005

EN

Official Journal of the European Union

C 193/18

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Action brought on 30 May 2005 by the Commission of the European Communities against the Hellenic Republic

(Case C-237/05)

(2005/C 193/28)

Language of the case: Greek

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 30 May 2005 by the Commission of the European Communities, represented by M. Patakia and X. Lewis, with an address for service in Luxembourg.

The applicant claims that the Court should:

| — | Declare that, owing to the practice followed by the competent authorities in regard to the works involved in the completion and collation of claim declarations by cereal producers and others in the context of the Integrated Administration and Control System (IACS) in respect of 2001, the Hellenic Republic has failed to fulfil its obligations under Directive 92/50/EEC, (1) and in particular Articles 3(2), 7, 11(1), and 15(2) thereof, as well as the general principle of transparency. |
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Declare that, owing to the practice followed by the competent authorities in regard to the works involved in the completion and collation of claim declarations by cereal producers and others in the context of the Integrated Administration and Control System (IACS) in respect of 2001, the Hellenic Republic has failed to fulfil its obligations under Directive 92/50/EEC, (1) and in particular Articles 3(2), 7, 11(1), and 15(2) thereof, as well as the general principle of transparency.

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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 in relation to the direct award to PASEGES (2) of the programme contract, and its implementing agreements, in relation to the provision of multiple services in connection with the application of the Integrated Administration and Control System (IACS) in respect of 2001.

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In light of the Court's case-law, the Commission considers that the Greek authorities ought to have applied the rules of procedural openness laid down by Directive 92/50 in Titles III, IV, V, and VI.

The Commission further considers that the Hellenic Republic, on the one hand, has not substantiated the existence of grounds for derogation under Article 11(3)(b) of Directive 92/50 and, on the other, has wrongly categorised the services in question as coming under Annex 1B to the directive.

In the alternative, the Commission maintains that the Member States are not relieved of the obligation to maintain a certain degree of openness even in regard to services coming under Annex 1B to the directive.

Finally, the Commission considers that, apart from the continuing variance in regard to the interpretation of the relevant provisions of the directive at issue as between the Greek authorities and the Commission, application of the directive in practice has not been secured, contrary to the assertions of the Greek authorities.

Accordingly, the Commission considers that the Hellenic Republic infringed its obligations under Articles 3(2), 7, 11(1) and 15(2) of Directive 92/50/EEC, as well as the general principle of transparency.

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(1)  OJ 1992 L 209, p. 1.

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(2)  Panellinia Sinomospondia Enoseon Georgikon Sinetairismon (Pan-Hellenic association of unions of agricultural cooperatives).

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