REGARDS THE MACHINERY MENTIONED IN THE MEMORANDUM , DURING THE PERIOD BETWEEN THE TRANSMISSION OF THAT MEMORANDUM TO THE BANK AND ITS REVOCATION .
18 ON THE OTHER HAND , THE COMMISSION HAS NOT FURNISHED SUFFICIENT EVIDENCE TO ESTABLISH THAT THE MEMORANDUM IS MERELY ONE EXAMPLE OF A GENERAL POLICY ON THE PART OF THE GREEK GOVERNMENT DESIGNED TO ENABLE GREEK AGRICULTURAL MACHINERY TO BE PURCHASED ON MORE FAVOURABLE CREDIT TERMS THAN ARE AVAILABLE FOR THE PURCHASE OF THE SAME TYPE OF MACHINERY IMPORTED FROM OTHER MEMBER STATES , OR INDEED TO ESTABLISH THAT SUCH A POLICY WAS PURSUED AFTER THE MEMORANDUM HAD BEEN REVOKED .
19 AS FAR AS THE ALLEGED INFRINGEMENT OF ARTICLE 5 OF THE TREATY IS CONCERNED , IT SHOULD BE STRESSED THAT THE ARTICLE PLACES MEMBER STATES UNDER AN OBLIGATION TO FACILITATE THE ACHIEVEMENT OF THE TASKS WHICH THE FIRST INDENT OF ARTICLE 155 ASSIGNED TO THE COMMISSION , NAMELY TO ENSURE THAT THE PROVISIONS OF THE TREATY AND THE MEASURES TAKEN BY THE INSTITUTIONS PURSUANT THERETO ARE APPLIED . MEMBER STATES ARE THEREFORE REQUIRED TO COOPERATE BONA FIDE IN ANY INQUIRY UNDERTAKEN BY THE COMMISSION UNDER ARTICLE 169 , AND TO SUPPLY THE COMMISSION WITH ALL THE INFORMATION REQUESTED TO THAT END . IN THIS CASE IT SHOULD BE OBSERVED THAT THE PRE-LITIGATION PROCEDURE DISCLOSES MISUNDERSTANDINGS , SOME OF WHICH COULD HAVE BEEN AVOIDED IF THE GREEK GOVERNMENT HAD SUPPLIED THE COMMISSION WITH MORE INFORMATION .
20 NONE THE LESS , THE PRINCIPLE REMAINS THAT THE COMMISSION , WHEN BRINGING AN ACTION AGAINST A MEMBER STATE FOR FAILURE TO COMPLY WITH ARTICLE 5 , MUST SPECIFY THE ACTS OR OMISSIONS WHICH , IN ITS OPINION , CONSTITUTE THE INFRINGEMENT . DURING THE PROCEEDINGS BEFORE THE COURT THE COMMISSION EXPLAINED THAT ITS OBJECTIONS RELATE TO THE FAILURE ON THE PART OF THE GREEK GOVERNMENT TO FORWARD TO IT THE TEXT OF THE PROVISIONS GOVERNING CREDIT TERMS FOR THE PURCHASE OF AGRICULTURAL MACHINERY OTHER THAN THAT REFERRED TO BY MEMORANDUM NO PH 5.3/42 . HOWEVER , IN VIEW OF THE GREEK GOVERNMENT ' S STATEMENT THAT BY THAT TIME THERE WERE NO LONGER ANY CREDIT ARRANGEMENTS , APART FROM THE MEMORANDUM ITSELF , FAVOURING GREEK AGRICULTURAL MACHINERY IN PREFERENCE TO MACHINERY IMPORTED FROM OTHER MEMBER STATES , THE FAILURE TO COMPLY WITH THE COMMISSION ' S REQUEST FOR THE TEXT OF SUCH ARRANGEMENTS CANNOT BE REGARDED AS CONTRARY TO ARTICLE 5 OF THE TREATY . AS THE COMMISSION HAS NOT ADDUCED ANY FURTHER EVIDENCE SUCH AS MIGHT INDICATE A SERIOUS LACK OF COOPERATION ON THE PART OF THE GREEK GOVERNMENT , THE APPLICATION SHOULD BE DISMISSED IN SO FAR AS IT IS BASED ON ARTICLE 5 OF THE TREATY .
21 IT MUST THEREFORE BE CONCLUDED THAT , BY NOT REVOKING UNTIL 23 SEPTEMBER 1984 MEMORANDUM NO PH 5.3/42 OF THE MINISTRY OF INDUSTRY AND ENERGY OF 31 MARCH 1982 REQUESTING THE AGRICULTURAL BANK OF GREECE TO ENSURE THAT ITS DEPARTMENTS , BEFORE GRANTING LOANS FOR