Case C-481/06: Judgment of the Court (Eighth Chamber) of 18 December 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Public procurement — Infringement of Article 6(3) of Directive 93/36/EC — General principles of the Treaty — Principle of equal treatment and obligation of transparency — National rules allowing use of the negotiated procedure for public supply contracts relating to certain medical equipment)
Date: 2007-12-18
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, award of contract, competition law, supplies contract

C 51/24

EN

Official Journal of the European Union

23.2.2008

Judgment of the Court (Eighth Chamber) of 18 December
the European Communities v
2007 — Commission of

2. Orders the Hellenic Republic to pay the costs.

Hellenic Republic

(Case C-481/06) (1)

(1) OJ C 326, 30.12.2006.

(Failure of a Member State to fulfil obligations — Public
procurement — Infringement of Article 6(3) of Directive
93/36/EC — General principles of the Treaty — Principle of
equal treatment and obligation of transparency — National
rules allowing use of the negotiated procedure for public
supply contracts relating to certain medical equipment)

(2008/C 51/38)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and X. Lewis, Agents)

Defendant: Hellenic Republic (represented by: S. Chala and D.
Tsagkaraki, Agents)

Re:

for

Failure of a Member State to fulfil obligations — Infringement
of Article 6(3) of Council Directive 93/36/EEC of 14 June 1993
the award of public supply
coordinating procedures
contracts (OJ 1993 L 199, p. 1) and of the obligation to ensure
effective and fair competition — National provision placing all
material for medical use into categories and setting a specific
maximum price for each category — Provision forming part of
the negotiated
a legislative framework which allows use of
procedure for public supply contracts in respect of whole
groups of products of that nature which are not comparable

Operative part of the judgment

The Court:

1. Declares

that, by

retaining in force Article 7(2) of Law
2955/2001 relating to the ‘Supplies of hospitals and other
health units of regional health and pension schemes and other
provisions’ and Joint Ministerial Decisions DY6a/oik.38611 and
DY6a/oik.38609 of 12 April 2005, the Hellenic Republic has
failed to fulfil its obligations under Article 6(3) of Council Directive
93/36/EEC of 14 June 1993 coordinating procedures for the
award of public supply contracts, as amended by Commission
Directive 2001/78/EC of 13 September 2001 and has infringed
general principles of the Treaty, in particular equal treatment and
the obligation of transparency;

of

the

Court

Judgment
of
13 December 2007 (reference for a preliminary ruling
from the Hoge Raad der Nederlanden — The Netherlands)
— Staatssecretaris van Financiën v Road Air Logistics
Customs BV

Chamber)

(Seventh

(Case C-526/06) (1)

(Community Customs Code and implementing regulation —
Community transit — Offence — Proof of the regularity of
the transit operation or of the place of the offence — Failure
to grant a period of three months in which to furnish such
proof — Repayment of customs duties — Concept of ‘legally
owed’)

(2008/C 51/39)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: Staatssecretaris van Financiën

Respondent: Road Air Logistics Customs BV

Re:

for

a preliminary ruling — Hoge Raad der
Reference
Nederlanden — Interpretation of Article 236 of Council Regu-
lation (EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (OJ 1992 L 302, p. 1) and of
Article 379 of Commission Regulation (EEC) No 2454/93 of
2 July 1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 (OJ 1993 L 253, p. 1) —
Reimbursement or remission of customs duties — Amount not
legally owed — Determination of
the place in which the
customs debt was incurred

Operative part of the judgment

first

customs authorities

subparagraph, of Council Regulation (EEC)
Article 236(1),
No 2913/92 of 12 October 1992 establishing the Community
Customs Code must be interpreted to mean that the failure of the
national
in accordance with
Article 379 of Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of Council Regu-
lation (EEC) No 2913/92, the place where the customs debt was
incurred does not have the effect of rendering the amount of customs
duties not legally owed.

to determine,