Επιστολή-Διαμαρτηρία-Καταγγελία του ΣΕΕΑΕ, στην Ευρωπαϊκή Επιτροπή
HELLENIC ASSOCIATION OF AUTOMOBILE MERCHANTS & IMPORTERS
248 El. Venizelou str, KALLITHEA 17674, GREECE, Tel.: +302109413028 - Fax: +302109431677
Athens, 26 / 08 / 2003
Registration Nr.: 1581
EUROPEAN COMMISSION
DIRECTORATE GENERAL
TAXATION AND CUSTOMS UNION
LEGAL AFFAIRS AND ENFORCEMENT
OF COMMUNITY PROVISIONS
TAXUD A/3 D(2003) 2197
Att: Mr. Antonio Victoria Sanchez
Mr Sanchez,
Since HAAMI represents all car merchants of Greece, its administration would like to be informed about the reasons for which the Commission is not engaging the ultimate penalties mentioned in articles 226 & 228 of the European Treaty due to non conformation of the Greek Government for an extremely long time period with the European Court Decision in case C-375/95. The verdict condemned the present Greek registration taxes on imported European passenger used cars as illegal.
According to the facts, Greek Government has requested several allowances of delay in complying with the above European Court Decision for the sake of reconstructing its national taxation system. Provocative violation of time limits set by the defined deadlines are constantly noticed and, unfortunately, we observe a totally lenient behavior of the EEC services. We are sad to be constantly informed by EEC about dispatches of numerous official written notices for complying and official complaints, without any further initiatives of actual pressing for compliance with the violated Court Decision.
As we know, no legal changes or related legislative announcements have circulated in Greece, which means that Greek Government is deliberately taking advantage of the Commission’s hesitation and perpetuates its illegal behavior, serving provocatively the interests of the Car Factories’ Importers.
So, after realizing the fact that: a) The recently granted deadline already suffers a whole semester of violation b) The Greek Government is avoiding its compliance on purpose c) The internal EEC dedicated procedure, although timely assigned by the Commission, has exceeded an annual period of idleness, starting from the official notification of HAAMI to the competent EEC employees ( Mrs Olivan, March-April 2002 ) without any progress on gradual escalation of pressure d) The total violation period since the announcement of the Court Decision has exceeded six years e) Greece is proved to be a systematic violator of European Legislation ( see EEC statistics ) f) Common sense indicates that Greek illegal taxation on imported European Used Cars serves the interests of National Car Factories’ Importers at the expense of independent Car Merchants….. g) Related Ministers of the Greek Government do not hesitate to indulge EEC employees and Greek Public by claiming that no compliance is pending ( see commendation of Minister A. Fotiades at his speech in the “Chamber of Commerce & Industry of Athens“ in April 2003 ), …we assume that Greek non-compliance is supported by the Commission’s extended tolerance and acceptation of illegal behavior. This policy stands for an actual non-respect of European Court Decisions, after the implied deliberate denial to impose extensive measures of compliance provided by articles 226 & 228 of the Treaty, that appeal to imposing a monetary fine at the Greek Government or appointing a day of trial for defining an estimated daily portion of this fine until compliance is completed.
Having suffered an enormous financial disaster from the illegal behavior of Greece, Greek Independent Merchants & Importers apply hereby to the European Commission for the full implementation of rules set by the European Treaty and engage the ultimate fines provisioned by articles 226 & 228 of the Treaty.
We estimate that all calls of the Commission for compliance of Greek National Taxation with European Law have dramatically failed. It is also considered that every further written correspondence with Greek Government, instead of imposing a direct penalty, will harm our companies inevitably. For this reason, I am sad to announce that in case one month after the typical arrival of this letter elapses, without implementation of the most severe punishments provisioned in articles 226 & 228 of the Treaty for non compliance of Greece with the European Court Decision on case C-375/95, HAAMI will fully support every Greek Merchant apply to the European Court, sue the Commission and request compensation for damage caused by EEC after not proper applying of the European Law. HAAMI will testify and provide all the necessary documentation that proves EEC’s lack of intention to engage all steps of pressure provided for securing the respect of the European Court Decisions to all members of the European Union.
Hoping that you sense the created dead end in front of all independent Greek Car dealerships, we believe that you will apply the European Treaty in its full extent, saving Independent Greek Merchants & Importers from their actual holocaust. The HAAMI administration expects your written answer within the time limits indicated by the active Code of Ethics of EEC, referring to specific reasons, mentioned in the beginning of our letter and not to a list of respected steps, represented by written notifications. We remain at your disposal for every communication and co-operation.
Yours sincerely
Vangelis Sarandethes
General Manager of HAAMI
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248 El. Venizelou str, KALLITHEA 17674, GREECE, Tel.: +302109413028 - Fax: +302109431677
Athens, 26 / 08 / 2003
Registration Nr.: 1581
EUROPEAN COMMISSION
DIRECTORATE GENERAL
TAXATION AND CUSTOMS UNION
LEGAL AFFAIRS AND ENFORCEMENT
OF COMMUNITY PROVISIONS
TAXUD A/3 D(2003) 2197
Att: Mr. Antonio Victoria Sanchez
Mr Sanchez,
Since HAAMI represents all car merchants of Greece, its administration would like to be informed about the reasons for which the Commission is not engaging the ultimate penalties mentioned in articles 226 & 228 of the European Treaty due to non conformation of the Greek Government for an extremely long time period with the European Court Decision in case C-375/95. The verdict condemned the present Greek registration taxes on imported European passenger used cars as illegal.
According to the facts, Greek Government has requested several allowances of delay in complying with the above European Court Decision for the sake of reconstructing its national taxation system. Provocative violation of time limits set by the defined deadlines are constantly noticed and, unfortunately, we observe a totally lenient behavior of the EEC services. We are sad to be constantly informed by EEC about dispatches of numerous official written notices for complying and official complaints, without any further initiatives of actual pressing for compliance with the violated Court Decision.
As we know, no legal changes or related legislative announcements have circulated in Greece, which means that Greek Government is deliberately taking advantage of the Commission’s hesitation and perpetuates its illegal behavior, serving provocatively the interests of the Car Factories’ Importers.
So, after realizing the fact that: a) The recently granted deadline already suffers a whole semester of violation b) The Greek Government is avoiding its compliance on purpose c) The internal EEC dedicated procedure, although timely assigned by the Commission, has exceeded an annual period of idleness, starting from the official notification of HAAMI to the competent EEC employees ( Mrs Olivan, March-April 2002 ) without any progress on gradual escalation of pressure d) The total violation period since the announcement of the Court Decision has exceeded six years e) Greece is proved to be a systematic violator of European Legislation ( see EEC statistics ) f) Common sense indicates that Greek illegal taxation on imported European Used Cars serves the interests of National Car Factories’ Importers at the expense of independent Car Merchants….. g) Related Ministers of the Greek Government do not hesitate to indulge EEC employees and Greek Public by claiming that no compliance is pending ( see commendation of Minister A. Fotiades at his speech in the “Chamber of Commerce & Industry of Athens“ in April 2003 ), …we assume that Greek non-compliance is supported by the Commission’s extended tolerance and acceptation of illegal behavior. This policy stands for an actual non-respect of European Court Decisions, after the implied deliberate denial to impose extensive measures of compliance provided by articles 226 & 228 of the Treaty, that appeal to imposing a monetary fine at the Greek Government or appointing a day of trial for defining an estimated daily portion of this fine until compliance is completed.
Having suffered an enormous financial disaster from the illegal behavior of Greece, Greek Independent Merchants & Importers apply hereby to the European Commission for the full implementation of rules set by the European Treaty and engage the ultimate fines provisioned by articles 226 & 228 of the Treaty.
We estimate that all calls of the Commission for compliance of Greek National Taxation with European Law have dramatically failed. It is also considered that every further written correspondence with Greek Government, instead of imposing a direct penalty, will harm our companies inevitably. For this reason, I am sad to announce that in case one month after the typical arrival of this letter elapses, without implementation of the most severe punishments provisioned in articles 226 & 228 of the Treaty for non compliance of Greece with the European Court Decision on case C-375/95, HAAMI will fully support every Greek Merchant apply to the European Court, sue the Commission and request compensation for damage caused by EEC after not proper applying of the European Law. HAAMI will testify and provide all the necessary documentation that proves EEC’s lack of intention to engage all steps of pressure provided for securing the respect of the European Court Decisions to all members of the European Union.
Hoping that you sense the created dead end in front of all independent Greek Car dealerships, we believe that you will apply the European Treaty in its full extent, saving Independent Greek Merchants & Importers from their actual holocaust. The HAAMI administration expects your written answer within the time limits indicated by the active Code of Ethics of EEC, referring to specific reasons, mentioned in the beginning of our letter and not to a list of respected steps, represented by written notifications. We remain at your disposal for every communication and co-operation.
Yours sincerely
Vangelis Sarandethes
General Manager of HAAMI
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