CELEX: C1995/137/20
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 20 March 1995 by the Commission of the European Communities against the Hellenic Republic (Case C-83/95)

3 . 6 . 95            EN                   Official Journal of the European Communities                               No C 137/ 11
After that period had expired with no communication from              requisite measures, the Commission decided to bring these
the Greek Government concerning the adoption of the                   proceedings under Article 169 of the Treaty .
requisite measures, the Commission decided to bring these
proceedings under Article 169 of the Treaty.                          H OJ No L 110 , 28 . 4 . 1992 , p . 52 .
(') OJ No L 166 , 28 . 6 . 1991 , p . 77 .
                                                                      Reference for a preliminary ruling by the Supreme Court,
                                                                      Dublin, by order of that court of 12 February 1995 , in the
                                                                      case of Bosphorus Hava Yollari Turizm ve Ticaret AS
                                                                      against Minister for Transport, Energy and
                                                                          Communications, Ireland and the Attorney General
Action brought on 20 March 1995 by the Commission of                                           ( Case C-84/95 )
the European Communities against the Hellenic Republic                                           ( 95/C 137/21 )
                         ( Case C-83/95 )
                           ( 95/C 137/20 )                            Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of the Supreme Court,
                                                                      Dublin, of 12 February 1995 , which was received at the
An action against the Hellenic Republic was brought before            Court Registry on 20 March 1995 , for a preliminary ruling
the Court of Justice of the European Communities on                   in the case of Bosphorus Hava Yollari Turizm ve Ticaret AS
20 March 1995 by the Commission of the European                       against     Minister         for    Transport, Energy       and
Communities, represented by Dimitrios Gouloussis, Legal               Communications , Ireland and the Attorney General, on the
Adviser of the Commission, with an address for service in             following question:
Luxembourg at the office of Georgios Kremlis, of the
Commission's Legal Service, Wagner Centre, Kirchberg .                Is Article 8 of Council Regulation ( EEC ) No 990/93 of
                                                                      26 April 1993 concerning trade between the European
                                                                      Economic Community and the Federal Republic of
The applicant claims that the Court should :                          Yugoslavia ( Serbia and Montenegro ) (') to be construed as
                                                                      applying to an aircraft which is owned by an undertaking
1 . declare that the Hellenic Republic has failed to fulfil its       the majority or controlling interest in which is held by an
     obligations under the EEC Treaty because it omitted to           undertaking in the Federal Republic of Yugoslavia ( Serbia
     bring into force and to communicate to the Commission            and Montenegro ) where such aircraft has been leased by the
     within the requisite time limit the laws, regulations and        owner for a term of four years from the 22 April 1992 to an
     administrative provisions necessary to comply with               undertaking the majority or controlling interest in which is
     Council Directive 92/30/EEC of 6 April 1992 on the               not held by a person or undertaking in or operating from the
     supervision of credit institutions on a consolidated             said Federal Republic of Yugoslavia ( Serbia and
     basis ( ! );                                                     Montenegro )?
2 . order the Hellenic Republic to pay the costs .                    (') OJ No L 102 , 28 . 4 . 1993 , p . 14 .
Pleas in law and main arguments adduced in support:
Article 9 of Directive 92/30/EEC provides that the Member             Reference for a preliminary ruling from the
States are to bring into force the laws, regulations and              Bundesfinanzhof by order of that court of 12 October 1994
administrative decisions necessary to comply with the                    in the case of John Reisdorf v. Finanzamt Koln-West
Directive before 1 January 1993 and that they are forthwith                                      Case C-85/95 )
to notify the Commission thereof.
                                                                                                 ( 95 /C 137/22 )
Having received no communication from the Greek
                                                                      Reference has been made to the Court of Justice of the
Government concerning measures adopted in order to
                                                                      European Communities by*an order of the Bundesfinanzhof
incorporate the abovementioned Directive into the Greek               ( Federal Finance Court) of 12 October 1994 , which was
legal order, the Commission on 12 March 1993 addressed
                                                                      received at the Court Registry on 20 March 1995 , for a
to the Government in question a formal letter before action .
Since the Greek Government did not reply to that letter, the
                                                                      preliminary ruling in the case of John Reisdorf v. Finanzamt
                                                                      Koln-West, on the following questions:
Commission on 4 July 1994 issued a reasoned opinion
giving the Greek Government a period of two months                    1 . Is an invoice within the meaning of Article 18 ( 1 ) ( a ) of
within which to comply with the Directive .                                the Sixth Directive 77/388/EEC ( ! ) only the original,
                                                                           that is to say, the original copy of the statement of
After that period had expired with no communication from                   account, or are carbon copies, duplicates or photocopies
the Greek Government concerning the adoption of the                        also to be regarded as being invoices in that sense ?