1.

The subject of this Opinion is an action brought under Article 169 of the EEC Treaty by the Commission of the European Communities against the Hellenic Republic. The charge made against that State is that by limiting the importation of fresh beef and veal to certain cuts it infringes Article 22 (1) of Regulation (EEC) No 805/68 of the Council of 27 June 1968 on the common organization of the market in beef and veal (Official Journal, English Special Edition 1968 (I), p. 187), which reaffirms as regards the common organization of the market in beef and veal the principle of the free movement of goods referred to in Article 30 et seq. of the Treaty. The facts go back to 16 March 1983 when the Commission informed the Greek Government of the concern of a number of traders about the measures that it was contemplating taking with regard to imports of beef and veal. In reply, the Greek authorities assured the Commission on 29 March 1983 that no measures likely to restrict intra-Community trade in the sector in question existed or were in preparation. However, Article 1 (4) of Order No 56/83 of the Commercial Police of 9 December 1983 amended Article 391 (9) of Order No 72/77 so as to provide that ‘imported fresh beef and veal, home-produced fresh beef and veal bought and sold as between a producer and a third party (wholesaler, retailer, etc.) and imported or home-produced fresh beef and veal bought and sold as between a wholesaler and a third party (retailer, hotelier, restaurant owner, etc.) shall consist exclusively of unboned large cuts in one of the following forms, as provided for in Presidential Decree No 186/81: (a) carcasses, half-carcasses or “compensated” quarters; (b) ordinary forequarters with 10 ribs; (c) ordinary hindquarters with three ribs’. The Commission reacted to that amendment first by sending a telex message (20 December 1983), to which the Greek Government replied on 2 February 1984, and, subsequently, having been virtually swamped with complaints from traders, by initiating as a matter of urgency the procedure provided for in Article 169 (7 March 1984). The letter of 17 April 1984 giving the Greek Government formal notice stated that the provision cited above was incompatible with the common organization of the market in beef and veal and with Article 30 of the EEC Treaty. However, in the same period the Greek authorities adopted new measures. By Decree No E6/1264 of 8 March 1984 the Greek Minister for Trade provided that: (a) fresh beef and veal could be imported only in the form of carcasses or half-carcasses and no longer in the form of quarters; (b) the pro forma invoices relating thereto must describe in detail the quality of the carcasses imported and indicate the name and code numbers of the slaughterhouse from which the meat was purchased. A week later the Minister for Trade retraced its steps to a certain extent: Decree No E6/1478 allowed beef and veal to be imported once again in the form of quarters provided that the quarters were part of one and the same carcass. On the same day on which the second decree was issued the Commission asked the Greek authorities for explanations. The Greek authorities answered on 11 May 1984, stating once again that the Greek legislation did not impede Community trade in beef and veal. At that point, the Commission decided to initiate a new procedure, covering also the two 1984 decrees, on account of the infringement of Regulation No 805/68 and Article 30 of the EEC Treaty. The letter giving the Greek Government formal notice was sent on 6 July 1984. The reasoned opinion was delivered on 30 October 1984, the Greek Government replied on 4 January 1985 and the application in the present case was lodged on 30 April 1985.