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Document C2006/224/44

Case C-305/06: Action brought on 13 July 2006 — Commission of the European Communities v Hellenic Republic

OJ C 224, 16.9.2006, p. 23–24 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

16.9.2006   

EN

Official Journal of the European Union

C 224/23

Action brought on 13 July 2006 — Commission of the European Communities v Hellenic Republic

(Case C-305/06)

(2006/C 224/44)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: G. Zavvos and K. Simonsson, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

The applicant asks the Court to:

—

declare that, by preventing a haulier from using the nearest suitable rail unloading station in order to complete, in the context of combined transport operations between Member States, the final road haulage legs forming an integral part of combined transport operations, the Hellenic Republic has failed to fulfil its obligations under Articles 2 and 4 of Council Directive 92/106/EEC (1) on the establishment of common rules for certain types of combined transport of goods between Member States;

—

order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The actions of the Greek authorities which are characterised by protectionism in favour of a branch of the national economy, specifically in favour of the hauliers of Northern Greece, do not justify in any circumstances interference with the exercise of an economic activity safeguarded by legislation such as combined transport within the meaning of Directive 92/106/EEC, which, pursuant to Article 2 thereof, should have been applied from 1 July 1993.

(1)  OJ L 368 of 17.12.1992, p. 38.

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