Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990

Europa 1. Action against a Member State for failure to fulfil its obligations -Reasoned opinion – Need for a detailed statement of the complaints (EEC Treaty, Art. 169) 2. Action against a Member State for failure to fulfil its obligations -Application initiating the proceedings – Statement of complaints and submissions – Mere reference to the letter giving formal notice and to the reasoned opinion – Not sufficient (EEC Treaty, Art. 169) 3. Action against a Member State for failure to fulfil its obligations -Examination by the Court to determine whether the action is well founded -Situation to be taken into consideration – Situation upon the expiry of the time-limit set by the reasoned opinion (EEC Treaty, Art. 169) 4. State monopolies of a commercial character – Rules requiring companies engaged in the distribution of petroleum products to obtain a proportion of their supplies from public-sector refineries – Not permissible -Discrimination against exporters established in other Member States -Infringement of Article 30 of the Treaty (EEC Treaty, Arts 30 and 37(1)) 5. Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Rules enabling the public authorities to interfere with the procurement programmes of companies engaged in the distribution of petroleum products and establishing a system of marketing quotas (EEC Treaty, Art. 30)

Citations:

Case C-347/88, C-347/88, [1990] EUECJ C-347/88

Links:

Bailii

Statutes:

EEC Treaty 30 37(1) 169

European, Commercial

Updated: 23 May 2022; Ref: scu.134983