P6_TA(2006)0051

Confiscation of automobiles by the Greek authorities

European Parliament resolution on confiscation of automobiles by the Greek authorities (2005/2005(INI))

The European Parliament,

- having regard to the numerous petitions submitted to the European Parliament on confiscation of vehicles by the Greek authorities as well as a very considerable number of official complaints registered by the Commission,

- having regard to Article 21 of the EC Treaty, which confers on every citizen of the Union the right to petition the European Parliament in accordance with Article 194 thereof,

- having regard to Article 194 of the EC Treaty, which confers on any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, the right to address, individually or in association with other citizens or persons, a petition to the European Parliament on a matter which comes within the Community's fields of activity and which affects him, her or it directly,

- having regard to Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another [1],

- having regard to the judgment of the Court of Justice of the European Communities of 12 July 2001 in Case C-262/99 Louloudakis [2],

- having regard to the action brought before the Court of Justice of the European Communities on 26 March 2004 in Case C-156/04 Commission v Greece [3],

- having regard to Rule 192(1) of its Rules of Procedure,

- having regard to the report of the Committee on Petitions (A6-0394/2005),

A. considering the substantial issues and serious problems raised by the petitioners and noting the observation by the Court of Justice of the European Communities regarding "the effect which the right to drive a motor vehicle has on the actual exercise of the rights relating to the free movement of persons" within the European Union [4],

B. whereas the petitioners fulfilled the conditions for the exemption, laid down in Directive 83/182/EEC, from, in particular, turnover tax, excise duties and any other consumption tax in respect of temporary imports from another Member State of motor-driven road vehicles, since they all had their "normal residence", i.e. the place where they live for at least 185 days in each calendar year because of personal and occupational ties, in a Member State other than Greece,

C. whereas the petitioners were able to give proof of their place of normal residence by appropriate means, such as their identity cards or other valid documents,

D. whereas the imposition of a special administrative penalty, and in particular fines set at a flat rate on the basis of the sole criterion of the cubic capacity of the vehicle, with no account being taken of its age, and of an increased duty, which can amount to up to ten times the customs duty, is incompatible with the Community principle of proportionality,

E. bearing in mind the obligations of the institutions of the European Union and of the Member States towards their citizens, as laid down in the Treaties,

1. Expresses its great concern that, as far as the specific cases referred to in the petitions are concerned, the Greek authorities did not apply the exemption laid down in Directive 83/182/EEC;

2. Notes that in spite of this the Greek customs authorities claimed that the petitioners were guilty of evasion or attempted evasion of payment of the tax and failure to observe the formalities laid down by the Greek Customs Code; notes also that the petitioners were required to pay an increased duty amounting to up to ten times the customs duty;

3. Considers that the administrative measures as a whole, which Greece has decided are appropriate in the field of customs contraventions and which, as far as the petitioners are concerned, have led to penalties amounting to many times the original purchase price of the vehicle, impede the free movement of goods and persons;

4. Is aware of the fact that, in the absence of harmonisation of Community legislation in the field of the penalties applicable, when conditions laid down by arrangements under such legislation are not observed, the Member States are empowered to choose the penalties which seem appropriate to them; considers, nevertheless, that Member States must exercise that power in accordance with Community law and its general principles, and consequently with the principle of proportionality;

5. Is aware of the fact that the choice of penalty when dealing with infringements relating to temporary importation of certain means of transport is a matter of national law, as is the question of ascertaining whether account must be taken of the good faith of the offender; considers, nevertheless, that in order to promote the freedoms guaranteed by the Treaties, account must be taken of the good faith of the offender when determining the penalty to be imposed on him, where determination of the rules applicable has given rise to difficulties;

6. Notes that a very substantial number of vehicles have been seized, confiscated and sold at auction, which it considers incompatible with the principles of the European Union's Charter of Fundamental Rights, and in particular Chapter VI thereof (entitled "Justice"), and not justified by any overriding requirements ofenforcement and prevention, when the gravity of the infringement is taken into account; remarks that, as the Court of Justice has previously pointed out, as regards the "irregular" use of a vehicle in another Member State, penalties other than confiscation are possible;

7. Considers the confiscation of the vehicles, and the fact that the petitioners are deprived of the use thereof for many years, to be contrary to the right of property and freedom of movement, and that the petitioners have a right to be properly compensated, bearing in mind the prejudice caused to their livelihood and good character;

8. Urges the Greek authorities to fulfil without delay the Hellenic Republic's obligations under the Treaty and to comply with the rules laid down in Community legislation and particularly Directive 83/182/EEC, so that the Commission may withdraw its legal action;

9. Should the Greek authorities fail to do that, calls on the Commission to proceed without delay with its legal action against the Hellenic Republic;

10. Instructs its President to forward this resolution and the relevant report of the committee responsible to the Council, the Commission and the Greek Government and Parliament.

[1] OJ L 105, 23.4.1983, p. 59. Directive as last amended by the 2003 Act of Accession.

[2] [2001] ECR I-5547.

[3] OJ C 106, 30.4.2004, p. 47.

[4] Judgment in Case C-193/94 Skanavi and Chryssanthakopoulos [1996] ECR I-929, paragraph 36.

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