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Document 61983CC0276
Opinion of Mr Advocate General Lenz delivered on 11 June 1985. # Commission of the European Communities v Hellenic Republic. # Removal from the register. # Case 276/83.
Opinia rzecznika generalnego Lenz przedstawione w dniu 11 czerwca 1985 r.
Komisja Wspólnot Europejskich przeciwko Republice Greckiej.
Wykreślenie.
Sprawa 276/83.
Opinia rzecznika generalnego Lenz przedstawione w dniu 11 czerwca 1985 r.
Komisja Wspólnot Europejskich przeciwko Republice Greckiej.
Wykreślenie.
Sprawa 276/83.
ECLI identifier: ECLI:EU:C:1985:250
OPINION OF MR ADVOCATE GENERAL
LENZ
delivered on 11 June 1985 ( *1 )
Mr President,
Members of the Court,
A. |
It was provided in Decision No 608 TK of 19 February 1977 of the Greek Monetary Committee that the sale of private motor cars on credit terms was authorized only where they had been manufactured or assembled in Greece and where the national added value represents at least 30% of the total cost of construction. Consequently, that method of acquisition is excluded in the case of imported motor vehicles. The Commission considers that that provision is incompatible — by virtue of Article 35 of the Act concerning the Conditions of Accession of the Hellenic Republic and the Adjustments to the Treaties (Official Journal 1979, L 291, p 17) — with the prohibition of quantitative restrictions on imports and all measures having equivalent effect contained in Article 30 of the EEC Treaty, which applies without restriction to the Hellenic Republic as from 1 January 1981. When the Commission informed the Greek authorities thereof — apparently in June 1981 — its view was accepted and it was agreed that the difference in treatment which had been established would be terminated. Since it was not terminated (the legal position in Greece has, moreover, not been altered to this day — contrary to what was said by the representative of the Greek Government at the hearing on 21 November 1984,) the Commission initiated a procedure under Article 169 of the EEC Treaty by letter dated 24 March 1982. It contended, with regard to Article 30 of the EEC Treaty, that the decision at issue favoured the sale of motor cars manufactured in Greece, that it made the importation of motor cars more difficult and expensive than the sale of national products and that it made access to the Greek market for foreign vehicles dependent upon a condition which did not apply to national products. It was also pointed out that the laying down of conditions of payment applicable to imported products alone was contrary to Commission Directive 70/50/EEC of 22 December 1969 on the abolition of measures which have an effect equivalent to quantitative restrictions on imports (Official Journal, English Special Edition 1970 (I), p. 17). On 3 June 1983, since the Greek Government failed to respond to that letter, the Commission issued a formal opinion in like terms in which it required the necessarymeasures to be adopted within one month of delivery thereof. By a letter dated 13 October 1983 the Greek Government responded to that opinion. It pointed out in the first place that since the decision at issue was a measure for securing payment in cash it constituted a measure taken with a view to redressing the deficit on the Greek balance of payments. It stated, secondly, that the decision was also intended to encourage the development of the Greek motor car industry, which was in its infancy. In that context it was necessary to take into consideration not only the fact that the national industry did not account for a large part of the supply on the Greek market and that therefore the measures at issue did not affect imports to a significant extent, but also the fact that the special characteristics of the Greek economy were expressly recognized in Protocol No 7 to the Act of Accession ‘ on the economic and industrial development of Greece’ (Official Journal 1979, L 291, p. 177), in the Commission's reply to a memorandum drawn up by the Greek Government and dated 22 March 1982 and in the conclusions of the European Council meeting held at Stuttgart. Finally, the Greek Government contended that the rules at issue were to be regarded as a form of aid within the meaning of Article 92 of the EEC Treaty but not, when considered in the light of Article 2 of the EEC Treaty, as contrary to the common interest. The Commission was not convinced of the soundness of those arguments and consequently, on 19 December 1983, it brought an action before the Court of Justice for a declaration that, by prohibiting the sale on credit terms of imported motor cars intended for private (and not public) use, the Hellenic Republic has failed to fulfil its obligations under Article 30 of the EEC Treaty and Article 35 of the Act concerning the Conditions of Accession of the Hellenic Republic to the European Communities. |
B. |
My views on that application, which the Greek Government considers to be unfounded, are as follows.
|
C. |
Accordingly, all that remains to be said is that the Commission's view of the Greek measures at issue is correct and that it is necessary to declare, in conformity with the terms of its application to the Court, that, by prohibiting the sale on credit terms of imported motor cars intended for private (and not public) use, the Hellenic Republic has failed to fulfil its obligations under Article 30 of the EEC Treaty and Article 35 of the Act concerning the Conditions of Accession of the He enic Republic to the European Communities. In those circumstances the Hellenic Republic must also be ordered to pay the costs. |
( *1 ) Translated from the German.
( 1 ) Judgment of 11 July 1974 in Case 8/74, Procureur du Roi v Benoit and Gustave Datsonville, [1974] ECR 837, paragraph 5 of the grounds of judgment, p. 852.
( 2 ) Judgment of 5 April 1984 in Joined Cases 177 and 178/82, Criminal Proceedings against Jan van de Haar and Kaveka de 0 Meern BV[I984] ECR 1797.