COMMITTEE FOR IMPORT QUESTIONS . IT IS NOT APPARENT EITHER FROM THE WORDING OF THOSE DECISIONS OR FROM OTHER EVIDENCE ADDUCED BY THE COMMISSION THAT THE OTHER BANKS WERE TO TAKE PART IN SUCH A PROCEDURE .
21 ALTHOUGH THAT PROCEDURE MAY CONSTITUTE A BARRIER TO CEREAL IMPORTS WHOSE COMPATIBILITY WITH COMMUNITY LAW IS OPEN TO DISPUTE, THE COURT MAY NOT TAKE THIS ASPECT INTO CONSIDERATION SINCE SUCH A CLAIM IS NOT THE SUBJECT-MATTER OF THE ACTION .
22 THIS CLAIM BY THE COMMISSION MUST THEREFORE BE DISMISSED .
FAILURE TO TO COOPERATE WITH THE COMMISSION
23 THE COMMISSION CONSIDERS THAT THE GREEK GOVERNMENT' S FAILURE TO REPLY TO THE TWO TELEXES OF 12 AND 15 MARCH 1984 REQUESTING INFORMATION ON THE MEASURES ADOPTED REGARDING CEREAL IMPORTS AND TO ITS LETTER OF 13 FEBRUARY 1985 REQUESTING THE TEXT OF THE APPLICABLE PROVISIONS AND CERTAIN INFORMATION CONCERNING FOREIGN CURRENCY PERMITS GRANTED AND CEREALS IMPORTED DURING THE FIRST QUARTER OF 1984 CONSTITUTES A BREACH OF ARTICLE 5 OF THE EEC TREATY .
24 THE HELLENIC REPUBLIC MAINTAINS THAT IT WAS IMPOSSIBLE WITHIN A SHORT TIME TO PASS ON TO THE COMMISSION ALL THE INFORMATION CONCERNING TRADE IN CEREALS WHICH WAS SCATTERED AMONGST THE 3 000 BRANCHES OF THE COMPETENT BANKS .
25 IT MUST BE STRESSED THAT THE HELLENIC REPUBLIC HAS NOT GIVEN ANY JUSTIFICATION FOR ITS FAILURE TO SEND THE COMMISSION THE TEXT OF THE PROVISIONS APPLICABLE TO CEREAL IMPORTS OR, AS REGARDS THE INFORMATION REQUESTED BY THE APPLICANT, THE REASON WHY THE INFORMATION CONCERNING THE PERIOD SUBSEQUENT TO THE INTERVENTION OF THE BANK OF GREECE WAS NOT COMMUNICATED . THE JUSTIFICATION WHICH WAS GIVEN AT THE HEARING, NAMELY THAT DURING THE FIRST YEAR IN WHICH THE SYSTEM WAS APPLIED THE BANK OF GREECE HAD NOT PRODUCED ANY STATISTICS, CANNOT BE ACCEPTED SINCE THE INFORMATION REQUESTED CONCERNED FACTS SUCH AS THE DATE OF THE APPLICATION FOR A PERMIT, THE DATE OF THE BANK' S DECISION AND THE DATE OF IMPORTATION, WHICH MAY EASILY BE DETERMINED BY CONSULTING EACH FILE .
26 IN ANY EVENT, EVEN IF DIFFICULTIES ENCOUNTERED BY THE GREEK GOVERNMENT DID PREVENT IT FROM PROVIDING THE INFORMATION REQUESTED IT SHOULD HAVE INFORMED THE APPLICANT OF THAT FACT WITHIN A REASONABLE PERIOD . ON THE CONTRARY, IT REMAINED SILENT UNTIL THESE PROCEEDINGS WERE BROUGHT .
27 CONSEQUENTLY, THE HELLENIC REPUBLIC' S CONDUCT CONSTITUTES A FAILURE TO FULFIL THE DUTY INCUMBENT ON EVERY MEMBER STATE UNDER ARTICLE 5 OF THE TREATY TO FACILITATE THE ACHIEVEMENT OF THE COMMISSION' S TASKS . THE GREEK GOVERNMENT' S REFUSAL TO COOPERATE WITH THE COMMISSION PREVENTED THE LATTER FROM BECOMING AWARE OF UNPUBLISHED REGULATIONS WHICH WERE IN FORCE FOR A LONG PERIOD AND FROM ASCERTAINING WHETHER BARRIERS TO THE IMPORT OF CEREALS RESULTED FROM THOSE REGULATIONS .
28 IT MUST THEREFORE BE HELD THAT BY DELIBERATELY FAILING TO COMMUNICATE TO THE COMMISSION THE TEXT OF THE REGULATIONS APPLICABLE TO CEREAL IMPORTS AND THE INFORMATION REQUESTED BY THAT INSTITUTION CONCERNING THE FOREIGN CURRENCY PERMITS GRANTED AND