Avis juridique important

61984O0160

European Court reports 1984 Page 03217

Parties

IN CASE 160/84 R

ORYZOMYLI KAVALLAS OEE , A PARTNERSHIP GOVERNED BY GREEK LAW , HAVING ITS REGISTERED OFFICE AT 4 ODOS PANAGOUDA , KAVALLA , GREECE ,

ORYZOMYLI AGIOU KONSTANTINOU G . RAPTIS - L . TRIANDAFYLLIDIS KAI SIA OE , A PARTNERSHIP GOVERNED BY GREEK LAW , HAVING ITS REGISTERED OFFICE IN PERNIS , KAVALLA , GREECE ,

BOTH REPRESENTED BY PANAGIOTIS MARINOS BERNITSAS , OF THE ATHENS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ALOYSE MAY , ADVOCATE , 27 PLACE DE PARIS ,

APPLICANTS ,

COMMISSION OF THE EUROPEAN COMMUNITIES , 200 RUE DE LA LOI , 1049 BRUSSELS , BELGIUM , REPRESENTED BY XENOPHON YATAGANAS , A MEMBER OF ITS LEGAL DEPARTMENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MANFRED BESCHEL , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

Subject of the case

APPLICATION FOR THE SUSPENSION OF OPERATION OF COMMISSION DECISION NO E(84)557 OF 25 APRIL 1984 , DECLARING THAT THE REMISSION OF IMPORT DUTIES IS NOT JUSTIFIED IN AN INDIVIDUAL CASE ,

Grounds

1 THE APPLICANTS IN THE MAIN PROCEEDINGS BROUGHT AN ACTION ON 25 JUNE 1984 FOR A DECLARATION THAT COMMISSION DECISION NO E ( 84 ) 557 OF 25 APRIL 1984 , DECLARING THAT THE REMISSION OF IMPORT DUTIES IN AN INDIVIDUAL CASE IS NOT JUSTIFIED , IS VOID . AT THE SAME TIME THEY ALSO LODGED AN INTERLOCUTORY APPLICATION FOR AN INTERIM MEASURE SUSPENDING THE OPERATION OF THAT DECISION .

2 AT THE HEARING THEY ARGUED , WITHOUT BEING CONTRADICTED ON THIS POINT BY THE COMMISSION , THAT UNDER GREEK LAW THEY HAD NO POSSIBILITY OF APPLYING FOR THE SUSPENSION OF OPERATION OF THE GREEK GOVERNMENT ' S DECISION TO DEMAND PAYMENT OF THE IMPORT DUTIES . THEY ARE THEREFORE COMPELLED TO APPLY TO THE COURT OF JUSTICE IN ORDER TO OBTAIN A MEASURE HAVING AN EQUIVALENT EFFECT .

3 ACCORDING TO ARTICLE 185 OF THE EEC TREATY , ACTIONS BROUGHT BEFORE THE COURT OF JUSTICE DO NOT HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , IF IT CONSIDERS THAT CIRCUMSTANCES SO REQUIRE , ORDER THAT APPLICATION OF THE CONTESTED ACT BE SUSPENDED . IT MAY ALSO , BY VIRTUE OF ARTICLE 186 OF THE EEC TREATY , PRESCRIBE ANY NECESSARY INTERIM MEASURES .

4 THE DOCUMENTS BEFORE THE COURT SHOW THAT ON 30 NOVEMBER 1983 THE GREEK MINISTRY OF FINANCE REQUESTED THE COMMISSION , IN ACCORDANCE WITH ARTICLE 13 OF REGULATION NO 1430/79 , TO ALLOW THE IMPORT DUTIES PAYABLE BY THE APPLICANTS TO BE REMITTED ON THE GROUND THAT , AS A RESULT OF NEGLIGENCE ON THE PART OF THE NATIONAL AUTHORITIES , THE APPLICANTS HAD NOT APPLIED FOR ADVANCE FIXING OF THE DUTIES . ACCORDING TO THE GREEK MINISTRY OF FINANCE , THE APPLICANTS WERE NOT GUILTY OF NEGLIGENCE BUT WERE MISLED BY THE CONDUCT OF THE GREEK ADMINISTRATION .

5 BY ITS DECISION OF 25 APRIL 1984 , THE COMMISSION REJECTED THAT APPLICATION ON THE GROUND THAT THE APPLICANTS HAD ACTED NEGLIGENTLY .

6 ALTHOUGH AT THIS STAGE IN THE CASE IT IS NOT POSSIBLE TO FORM A DEFINITE VIEW WITH REGARD TO THE LEGALITY OF THE CONTESTED DECISION , IT CANNOT BE RULED OUT THAT , IN VIEW OF THE FACT THAT THE NATIONAL AUTHORITIES HAVE ACCEPTED RESPONSIBILITY FOR THE OMISSION AT ISSUE , THE COMMISSION ' S DECISION MIGHT BE DECLARED VOID IN THE MAIN PROCEEDINGS .

7 THE LETTER OF 10 JULY 1984 FROM THE CUSTOMS OFFICE , KAVALA , DECLARING THAT THE IMPORTED RICE WILL BE SOLD UNLESS PAYMENT IS MADE WITHIN A SHORT PERIOD , SHOWS BEYOND DOUBT THAT SUSPENSION OF THE OPERATION OF THE DECISION IS A MATTER OF URGENCY .

8 ON THE QUESTION WHETHER THE DAMAGE WHICH WOULD ARISE FROM THE OPERATION OF THE DECISION WOULD BE IRREPARABLE , THE APPLICANTS CONTEND , WITHOUT , HOWEVER , HAVING PROVIDED CONVINCING EVIDENCE IN SUPPORT OF THEIR CONTENTION , THAT IF THEY WERE COMPELLED TO PAY A SUM OF DRA 11 452 296 , THEY WOULD SUFFER IRREPARABLE DAMAGE WHICH WOULD RESULT IN THEIR BEING WOUND UP .

9 ALTHOUGH NO PROOF HAS BEEN ADDUCED IN THAT REGARD , THE MATTER IS SO URGENT THAT IT IS NECESSARY TO ENSURE THAT PAYMENT OF THE IMPORT LEVY IS NOT DEMANDED WITHIN TOO SHORT A PERIOD . THAT PERIOD MAY BE EXTENDED TO 1 NOVEMBER 1984 . IN ORDER TO OBTAIN AN EXTENSION OF THAT MEASURE THE APPLICANTS WILL HAVE TO MAKE A FURTHER INTERLOCUTORY APPLICATION TO THE COURT BEFORE THAT DATE , PROVIDED THAT THEY ARE THEN ABLE TO PROVE THE DAMAGE WHICH THEY ALLEGE .

10 HOWEVER , SINCE THE COMMISSION HAS ARGUED THAT THE CUSTOMS DUTIES OWED WOULD NOT BE PAID TO IT BY THE GREEK GOVERNMENT IF THE APPLICANTS BECAME INSOLVENT , THEY MUST BE REQUIRED TO PROVIDE A BANK GUARANTEE VALID UNTIL 1 NOVEMBER 1984 TO SECURE THE PAYMENT OF IMPORT DUTIES . THE APPLICANTS HAVE NOT IN FACT ADDUCED ANY ARGUMENTS SHOWING SPECIAL REASONS FOR SETTING ASIDE THE REASONABLE CONDITION TO WHICH THE COMMISSION WISHES THE SUSPENSION TO BE SUBJECT DURING THAT PERIOD .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT ,

BY WAY OF INTERIM DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE COMMISSION SHALL INFORM THE GREEK AUTHORITIES THAT THE IMPORT LEVY IN QUESTION IS NOT TO BE DEMANDED BEFORE 1 NOVEMBER 1984 PROVIDED THAT THE APPLICANTS LODGE WITH THE SAID AUTHORITIES A BANK GUARANTEE SECURING THE PAYMENT OF THE DISPUTED SUM AT THAT DATE ;

2 . THE COSTS ARE RESERVED .