GOVERNMENT THE OPPORTUNITY TO SUBMIT ITS OBSERVATIONS AND THEN ISSUED A REASONED OPINION ON 14 MAY 1984 IN WHICH IT MAINTAINED THAT, BY ADOPTING THE MEASURES IN QUESTION IN RELATION TO BANANAS ORIGINATING IN OTHER MEMBER STATES OR IN FREE CIRCULATION THERE, THE HELLENIC REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE EEC TREATY .
4 IN ITS REPLY TO THE REASONED OPINION, THE GREEK GOVERNMENT REFERRED TO THE EXISTENCE OF A NATIONAL ORGANIZATION OF THE MARKET FOR BANANAS AND ARGUED THAT IT WAS THEREFORE ENTITLED TO ADOPT THE CONTESTED MEASURES BY ARTICLE 65 ( 2 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE HELLENIC REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ANNEXED TO THE TREATY OF 28 MAY 1979 CONCERNING THE ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN ECONOMIC COMMUNITY AND TO THE EUROPEAN ATOMIC ENERGY COMMUNITY ( HEREINAFTER REFERRED TO AS "THE ACT OF ACCESSION "). THE COMMISSION THEREUPON ISSUED A FURTHER REASONED OPINION ON 13 MARCH 1985 . IN THAT OPINION, THE COMMISSION MAINTAINED THAT, EVEN IF THERE WERE SUCH A NATIONAL ORGANIZATION OF THE MARKET, THE GENERAL BAN ON THE IMPORTATION OF BANANAS COULD NOT BE IN CONFORMITY WITH COMMUNITY LAW SINCE, ACCORDING TO ARTICLE 65 ( 2 ) OF THE ACT OF ACCESSION, QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT WERE PERMISSIBLE ONLY "TO THE EXTENT STRICTLY NECESSARY TO ENSURE THE MAINTENANCE OF THE NATIONAL ORGANIZATION ". IN VIEW OF THE GREEK GOVERNMENT' S FAILURE TO COMPLY WITH THAT REASONED OPINION, THE COMMISSION LODGED THE APPLICATION IN CASE 194/85 .
5 IN A LETTER OF 13 DECEMBER 1984 ADDRESSED TO THE GREEK GOVERNMENT, THE COMMISSION NOTED THAT IT WAS PROHIBITED TO IMPORT INTO GREECE BANANAS ORIGINATING IN OR COMING FROM ACP STATES . THE COMMISSION INFORMED THE GREEK GOVERNMENT THAT THAT BAN WAS CONTRARY, IN PARTICULAR, TO ARTICLE 3 ( 1 ) OF THE LOME CONVENTION . SINCE THE ARGUMENTS SUBMITTED BY THE GREEK GOVERNMENT IN REPLY TO THAT LETTER WERE NOT SUCH AS TO CHANGE THE COMMISSION' S VIEWS, IT ISSUED A REASONED OPINION ON 6 JUNE 1985 . AS THE GREEK GOVERNMENT FAILED TO COMPLY WITH THAT REASONED OPINION, THE COMMISSION LODGED THE APPLICATION IN CASE 241/85 .
6 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE NATIONAL LEGISLATION IN QUESTION, THE PROCEDURE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
CASE 194/85
7 THE COMMISSION' S ACTION IS BASED ON THE ARGUMENT THAT EVEN THE PURELY FORMAL REQUIREMENT OF AN IMPORT LICENCE CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION, WHICH IS PROHIBITED BY ARTICLE 30 ET SEQ . OF THE EEC TREATY . A FORTIORI THE SYSTEMATIC REFUSAL TO ISSUE AN IMPORT LICENCE IN INTRA-COMMUNITY TRADE CONSTITUTES AN INFRINGEMENT OF THOSE PROVISIONS .
8 FOR ITS PART, THE GREEK GOVERNMENT MAINTAINS THAT ARTICLE 65 (