# C_2007155EN.01001702.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/17 |
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7.7.2007

EN

Official Journal of the European Union

C 155/17

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Action brought on 24 May 2007 — Commission of the European Communities v Hellenic Republic

(Case C-250/07)

(2007/C 155/34)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: M. Patakia and D. Kukovec)

Applicant:

Defendant: Hellenic Republic

Defendant:

Form of order sought

| — | declare that, by not first publishing a call for competition and by being unjustifiably tardy in replying to the complainant's request that the reasons for the rejection of its tender be explained, the Hellenic Republic has failed to fulfil its obligation, regarding a call for competition before a procedure for the submission of tenders is embarked upon, under Article 20(2) of Directive 93/38/EEC (1) of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors and its obligation under Article 41(4) of Directive 93/38/EEC, as both interpreted by the case-law of the Court of Justice of the European Communities; |
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declare that, by not first publishing a call for competition and by being unjustifiably tardy in replying to the complainant's request that the reasons for the rejection of its tender be explained, the Hellenic Republic has failed to fulfil its obligation, regarding a call for competition before a procedure for the submission of tenders is embarked upon, under Article 20(2) of Directive 93/38/EEC (1) of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors and its obligation under Article 41(4) of Directive 93/38/EEC, as both interpreted by the case-law of the Court of Justice of the European Communities;

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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 irregularities in the carrying out of a tender procedure announced by the Dimosia Epikhirisi Ilektrismou (Public Power Corporation; ‘the DEI’) for the study, supply, transport, installation and bringing into operation of two steam-electric units for the steam electric station at Atherinolakkos, Crete.

The Commission submits that the DEI failed to publish a call for competition, in breach of Article 20(2)(a) of Directive 93/38/EEC, which provides for exceptions provided that conditions that must be interpreted restrictively are met. Specifically, the Commission considers that the DEI interpreted improperly the term ‘suitable tenders’ and ‘substantial change in the conditions of the original contract’ in order to justify application of the exception under the foregoing provision.

The Commission also considers that in the case in point it is not possible to rely on reasons of overriding and extreme urgency, or unforeseeable events, within the meaning of Article 20(2)(d), since they are not substantiated by the DEI.

Finally, in the light of the Court's case-law, the Commission considers that there was significant delay regarding a statement of the reasons for rejecting the complainant's tender, in breach of Article 41(4) of Directive 93/38/EEC.

Consequently, the Commission submits that the Hellenic Republic has failed to fulfil its obligations under Articles 20(2) and 41(4) of Directive 93/38/EEC.

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(1)  OJ L 199, 9.8.1993, p. 84.

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