Case C-237/05: Action brought on 30 May 2005 by the Commission of the European Communities against the Hellenic Republic
Date: 2005-08-06
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, administrative transparency, award of contract, farming sector, management information system, services contract

C 193/18

EN

Official Journal of the European Union

6.8.2005

The applicant claims that the Court should:

1. declare that the United Kingdom has breached its obliga-
tions under Article 19 (i) first and third indents, of Council
Regulation (EEC) 2847/93 of 12 October 1993 establishing
a control
system applicable to the common fisheries
policy (1), by communicating with considerable delay the
data required by those provisions,

completion and collation of claim declarations by cereal
the Integrated
producers and others in the context of
Administration and Control System (IACS)
in respect of
2001, the Hellenic Republic has failed to fulfil its obliga-
tions under Directive 92/50/EEC, (1) and in particular Arti-
cles 3(2), 7, 11(1), and 15(2) thereof, as well as the general
principle of transparency.

2. order the United Kingdom to pay the costs.

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The provisions of Article 19(i) of Regulation 2847/93 require
the Member States to transmit certain data to the Commission,
is
by computer transmission, within a specific deadline.
essential that the Commission has this data available in order
to manage and develop the common fisheries policy, in par-
ticular with regard to conservation, management and exploita-
tion of living aquatic resources.

It

The United Kingdom communicated the data required by
Article 19(i) with considerable delay for the years 1999, 2000,
2001, 2002 and 2003. Deadlines for 2004 have not been met
and no data has yet been received for 2005. The Commission
therefore submits that the United Kingdom is in breach of its
obligations under the aforementioned provision of Regulation
2847/93.

(1) OJ L 261, 20.10.1993, p.1

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, repre-
sented 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 compe-
tent authorities in regard to the works involved in the

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 Inte-
grated Administration and Control System (IACS) in respect of
2001.

In light of the Court's case-law, the Commission considers that
the Greek authorities ought to have applied the rules of proce-
dural 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 conti-
nuing variance in regard to the interpretation of the relevant
provisions of the directive at issue as between the Greek autho-
rities and the Commission, application of the directive in prac-
tice has not been secured, contrary to the assertions of the
Greek authorities.

the Commission considers

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

that

(1) OJ 1992 L 209, p. 1.
(2) Panellinia Sinomospondia Enoseon Georgikon Sinetairismon (Pan-

Hellenic association of unions of agricultural cooperatives).