Case C-182/05: Action brought on 22 April 2005 by Commission of the European Communities against the Hellenic Republic
Date: 2005-06-25
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, electrical energy, energy production, lignite, mining extraction, publication of accounts

25.6.2005

EN

Official Journal of the European Union

C 155/9

Pleas in law and main arguments

Pleas in law and main arguments

— With regard to the information required under Article
18(1) of Regulation No 2847/93, the French authorities
have still not provided this for 1999 or 2000. Moreover,
information has been
for
provided late.

the subsequent years,

that

— With regard to the information required under Article 19i
of Regulation No 2847/93, the French authorities have not
provided this for 1999, 2000, 2001 or 2002. Nor has that
information has been provided for subsequent years.

(1) Council Regulation (EEC) No 2847/93 of 12 October 1993 estab-
lishing a control system applicable to the common fisheries policy
(OJ L 261, 20.10.1993, p. 1).

Action brought on 22 April 2005 by Commission of the
European Communities against the Hellenic Republic

(Case C-182/05)

(2005/C 155/17)

(Language of the case: Greek)

1. After the Commission received a complaint on the matter
and on the basis of information from Greece (various letters
from the Ministry of Development and from the Energy
Regulatory Authority) concerning the requirement that sepa-
should be published by the integrated
rate accounts
company ‘Dimosia Epikhirisi Elektrismou’ [Public Electricity
Undertaking] (DEE), in accordance with Article 14 of Direc-
tive 96/92/EC of
the
Council of 19 December 1996 concerning common rules
for the internal market in electricity (OJ 1997 L 27 p. 20),
the Commission formed the view that Greece had infringed
the provisions of that article.

the European Parliament and of

2. The Commission considers that the publication of common
accounts for DEE's activities of electricity production and
lignite mining and the failure to separate those two activities
constitute an infringement of the requirements of Article
14(3) of Directive 96/92/EC,

3. In the Commission's view, despite the existence of DEE's
internal accounting system under which, as is required, its
separated from its electricity
lignite mining activity is
production activity,
such separation needs also to be
reflected in DEE's published accounts. The Commission
points out that the efforts of the Greek authorities have not
so far succeeded in bringing about the requisite result. The
submission of information to the Regulatory Authority as
regards separate accounts does not suffice to satisfy the
requirement of publication.

(1) OJ L 27 of 30.01.1997, p. 20.

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 22 April
2005 by the Commission of the European Communities, repre-
sented by Maria Patakia, Legal Adviser in the Commission's
Legal Service and Bernhard Schima, a member of that service,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that, by not ensuring publication by the Dimosia
Epikhirisi Elektrismou of separate annual accounts for its
activities of lignite mining and electricity production, the
Hellenic Republic has failed to fulfil its obligations under
Article 14 of Directive 96/92/EC (1)of the European Parlia-
ment and of the Council of 19 December 1996 concerning
common rules for the internal market in electricity;

— order the Hellenic Republic to pay the costs.

Action brought on 28 April 2005 by the Commission of
the Portuguese
the European Communities

against

Republic

(Case C-191/05)

(2005/C 155/18)

(Language of the case: Portuguese)

An action against the Portuguese Republic was brought before
the Court of Justice of the European Communities on 28 April
2005 by the Commission of the European Communities, repre-
sented by Michel van Beek and António Caeiros, acting as
Agents, with an address for service in Luxembourg.