Case C-250/07: Action brought on 24 May 2007 — Commission of the European Communities v Hellenic Republic
Date: 2007-07-07
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, competition, complaint to the Commission, electrical industry, invitation to tender

7.7.2007

EN

Official Journal of the European Union

C 155/17

or in the alternative:

declare that, by failing to communicate to the Commission
the laws, regulations and administrative provisions necessary
to comply with Directive 2004/50/EC of
the European
Parliament and of the Council of 29 April 2004 amending
Council Directive 96/48/EC on the interoperability of the
system and Directive
trans-European high-speed
2001/16/EC of the European Parliament and of the Council
on the interoperability of the trans-European conventional
rail system, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under Article 4 of that directive;

rail

— order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2004/50/EC expired
on 29 April 2006.

(1) OJ 2004 L 164, p. 114, and corrigendum OJ 2004 L 220, p. 40.

the Council on the interoperability of the trans-European
conventional
the Federal
system in national
Republic of Germany has failed to fulfil its obligations under
that directive;

law,

rail

— The Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

period

The
prescribed
2004/50/EC expired on 30 April 2006.

for

transposition

of Directive

(1) OJ 2004, L 116, p. 114.
(2) OJ 1996, L 235, p. 6.
(3) OJ 2001, L 110, p. 1.

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

Action brought on 22 May 2007 — Commission of the
European Communities v Germany

(Case C-245/07)

(2007/C 155/33)

Language of the case: German

Parties

(Case C-250/07)

(2007/C 155/34)

Language of the case: Greek

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

Parties

Defendant: Hellenic Republic

Applicant: Commission of the European Communities (repre-
sented by: G. Braun and P. Dejmek, acting as Agents)

Form of order sought

Defendant: Federal Republic of Germany

Form of order sought

— Declaration that, by failing to adopt within the prescribed
period or by not informing the Commission of the adoption
of all laws, regulations and administrative provisions neces-
sary in order to transpose Directive 2004/50/EC (1) of the
European Parliament and of the Council of 29 April 2004
amending Council Directive 96/48/EC (2) on the interoper-
ability of
the trans-European high-speed rail system and
Directive 2001/16/EC (3) of the European Parliament and of

— declare that, by not first publishing a call for competition
and by being unjustifiably tardy in replying to the complai-
nant'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 proce-
dure 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 oper-
ating 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;

— order the Hellenic Republic to pay the costs.

C 155/18

EN

Official Journal of the European Union

7.7.2007

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 condi-
tions 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 condi-
tions 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.

the Commission submits

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

that

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