26.1.2008

Official Journal of the European Union

C 22/38

(Case C-541/07)

(2008/C 22/67)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: M. Patakia)

Defendant: Hellenic Republic

Form of order sought

—declare that, by prohibiting in Decree 12078/1343 of 3 March 2004 of the Minister for Transport, as interpreted on the basis of Circular 45007/4795 of 28 July 2004 issued by the Directorate for Road Safety and the Environment, window films which are manufactured and/or sold lawfully on the market of other Member States of the European Union from being placed on vehicle windows generally, the Hellenic Republic has failed to fulfil its obligations under Articles 28 and 30 of the EC Treaty;

—order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

1.Following a complaint, the Commission examined the Greek legislation which prohibits the placing of window films on vehicle windscreens and on their windows generally.

2.The Commission takes the view that that prohibition does not fall within the field of application of Directive 92/22/EEC, as amended by Directive 2001/92/EC, and must be examined in the context of Articles 28 and 30 in the absence of harmonisation at Community level.

3.That prohibition constitutes a measure having equivalent effect to a quantitative restriction on the free movement of goods that is contrary to Article 28 EC, given that it constitutes in practice an obstacle to trade in Greece in such films which are lawfully manufactured and in circulation in other Member States.

4.The Commission also observes that the Greek authorities have not succeeded in adducing sufficient evidence as to the justification for the measure and as to the simultaneous observance of proportionality.

5.More specifically, it has not been proved that criteria exist for establishing, on the carrying out of checks, whether the films in question meet certain minimum conditions, in accordance with the submissions of the Greek authorities.

6.Consequently, the Commission considers that the legislation in question constitutes an infringement of Article 28 EC that cannot be justified on the basis of Article 30 EC or by overriding reasons relating to the public interest within the meaning of the Court of Justice's case-law.