Καταγγελία του ΣΕΕΑΕ στην Ευρωπαϊκή Επιτροπή
HELLENIC ASSOCIATION OF AUTOMOBILE MERCHANTS & IMPORTERS
248, El. Venizelou str, KALLITHEA 17674, GREECE, Tel.: +30 2109413028 - Fax: +30 2109431677
Athens, 19 / 01 / 2004
Registration Nr.: 1626
To:
EUROPEAN COMMISSION
c.c.:DIRECTORATE GENERAL
TAXATION AND CUSTOMS UNION
LEGAL AFFAIRS AND ENFORCEMENT
OF COMMUNITY PROVISIONS
TAXUD A/3 D(2003) 2197
Att: Mr. Antonio Victoria Sanchez
Sirs,
We would like to report once more on developing violation tactics of European Court Decisions, exercised by the Hellenic Government on the national car market. The Decisions under violation are the ones related to the cases C-375/95 & C-393/98. Hellenic legislation about car registration fees opposes the implications of these Decisions for years. Unfortunately, despite the Commission’s urging letters and a deficient alteration of the Customs Law of Greece during June 2003, as initiated by the Commissions pressure, no compliance is achieved till today. A range of deficient reduction measures, according to the recent amendment, should already be in action since 1/1/2004. Though, all measures provisioned do not apply at any competent Customs’ Service around the Hellenic territory. This fact has to do with idleness of the Hellenic Ministry of Finance in composing the referred “committees” or setting the also referred “certificate of payment”. In our previous letter to E.U., we had commented on the severe inadequacy of these measures, concerning the Hellenic conformance to the above European Court Decisions. As a result, nothing has changed legal wise in the Hellenic State, which means that illegal taxation on imported passenger vehicles from European Union countries is continued. This confirms our firm belief that Hellenic Government is never going to conform to European Law, unless European Court sets a monetary fine, as often stated in our letters.
Our Union, representing all car Merchants and Importers around Greece, has timely informed the competent E.U. Services about the appearance of an amendment in Hellenic Custom’s Law. This misleading act is proved so in our letter of 1-9-2003 with registration Nr.: 1582. Unfortunately, we did not any reaction from EU Services, which was rather revealing for the Commission’s intentions. The final result is a total cancellation of cross border transactions in the parallel car market, which suits only car factories and their wholesalers around the European nations.
In detail:
1. Article 121 of Law 2960/2001, the hard core of Hellenic violation, retains full power in definition of the payable tax in imported passenger cars from EU countries. ( The amendment claims that the very article stands for the base of estimation at payable registration fees in taxation of Imported vehicles from EU ).
2. While above illegal legislation is active, the expected legal tax reduction is not at all achievable at the moment. This optional right is totally inaccessible for the time being, because of total luck in related administrative provisions at the competent public Services. So, it is observed total absence of stuff for the referred “committees” and no Ministerial definition of the also referred “paravolo”, standing for the illegal certificate of special tax, paid only for cars imported from EU. As a result, Greek Importers are not spared the “choice” of receiving a legally restricted taxation at their imported goods, according with European Law. Thus, discrimination of European goods at the expense of the Hellenic ones is once more in full action (despite the condemn of this practice at the related European Court Decision in case C-375/95).
3. Besides the luck of administrative provisions, no public Service dealing with Registration fees provides the Importers with the initial list of taxable values. In this way, every casual Greek Car Importer does not have any access to this commercial information in advance, after a persistent banning of the competent Public Services. Thus, ignorant of the final cost, a Greek Importer cannot schedule or effectively budget his/her purchases from the EU, but only from the national market.
Since we have already called the Commission for immediate implementation of articles 226 & 228 of the European Treaty, in order to define an amount of monetary fine at the expense of the Hellenic Government, it is more than ever obvious that Hellenic State does not intend to conform with the European Court Decisions at all. If the respected members of the Commission are not prepared to intensify pressure for the Decisions implementation, Hellenic Association of Automobile Merchants and Importers does not have any alternative but supporting Greek citizens and Merchants in forwarding lawsuits against the European Commission and claim compensation for unjustified tolerance in violation behaviors of European Court Decisions by the Hellenic Administration.
We remain at your disposal, partially disappointed from the Commissions inertia towards proper implementation of European Law. We hope this communication be the last one before Greece apologizes in front of the European Court for such a contemptuous behavior at European Institutions.
With honor
Loucas Vasilias Konstantinos Kyratsos
President of the board Secretary General
Για να δείτε το πρωτότυπο έγγραφο, πατήστε εδώ
248, El. Venizelou str, KALLITHEA 17674, GREECE, Tel.: +30 2109413028 - Fax: +30 2109431677
Athens, 19 / 01 / 2004
Registration Nr.: 1626
To:
EUROPEAN COMMISSION
c.c.:DIRECTORATE GENERAL
TAXATION AND CUSTOMS UNION
LEGAL AFFAIRS AND ENFORCEMENT
OF COMMUNITY PROVISIONS
TAXUD A/3 D(2003) 2197
Att: Mr. Antonio Victoria Sanchez
Sirs,
We would like to report once more on developing violation tactics of European Court Decisions, exercised by the Hellenic Government on the national car market. The Decisions under violation are the ones related to the cases C-375/95 & C-393/98. Hellenic legislation about car registration fees opposes the implications of these Decisions for years. Unfortunately, despite the Commission’s urging letters and a deficient alteration of the Customs Law of Greece during June 2003, as initiated by the Commissions pressure, no compliance is achieved till today. A range of deficient reduction measures, according to the recent amendment, should already be in action since 1/1/2004. Though, all measures provisioned do not apply at any competent Customs’ Service around the Hellenic territory. This fact has to do with idleness of the Hellenic Ministry of Finance in composing the referred “committees” or setting the also referred “certificate of payment”. In our previous letter to E.U., we had commented on the severe inadequacy of these measures, concerning the Hellenic conformance to the above European Court Decisions. As a result, nothing has changed legal wise in the Hellenic State, which means that illegal taxation on imported passenger vehicles from European Union countries is continued. This confirms our firm belief that Hellenic Government is never going to conform to European Law, unless European Court sets a monetary fine, as often stated in our letters.
Our Union, representing all car Merchants and Importers around Greece, has timely informed the competent E.U. Services about the appearance of an amendment in Hellenic Custom’s Law. This misleading act is proved so in our letter of 1-9-2003 with registration Nr.: 1582. Unfortunately, we did not any reaction from EU Services, which was rather revealing for the Commission’s intentions. The final result is a total cancellation of cross border transactions in the parallel car market, which suits only car factories and their wholesalers around the European nations.
In detail:
1. Article 121 of Law 2960/2001, the hard core of Hellenic violation, retains full power in definition of the payable tax in imported passenger cars from EU countries. ( The amendment claims that the very article stands for the base of estimation at payable registration fees in taxation of Imported vehicles from EU ).
2. While above illegal legislation is active, the expected legal tax reduction is not at all achievable at the moment. This optional right is totally inaccessible for the time being, because of total luck in related administrative provisions at the competent public Services. So, it is observed total absence of stuff for the referred “committees” and no Ministerial definition of the also referred “paravolo”, standing for the illegal certificate of special tax, paid only for cars imported from EU. As a result, Greek Importers are not spared the “choice” of receiving a legally restricted taxation at their imported goods, according with European Law. Thus, discrimination of European goods at the expense of the Hellenic ones is once more in full action (despite the condemn of this practice at the related European Court Decision in case C-375/95).
3. Besides the luck of administrative provisions, no public Service dealing with Registration fees provides the Importers with the initial list of taxable values. In this way, every casual Greek Car Importer does not have any access to this commercial information in advance, after a persistent banning of the competent Public Services. Thus, ignorant of the final cost, a Greek Importer cannot schedule or effectively budget his/her purchases from the EU, but only from the national market.
Since we have already called the Commission for immediate implementation of articles 226 & 228 of the European Treaty, in order to define an amount of monetary fine at the expense of the Hellenic Government, it is more than ever obvious that Hellenic State does not intend to conform with the European Court Decisions at all. If the respected members of the Commission are not prepared to intensify pressure for the Decisions implementation, Hellenic Association of Automobile Merchants and Importers does not have any alternative but supporting Greek citizens and Merchants in forwarding lawsuits against the European Commission and claim compensation for unjustified tolerance in violation behaviors of European Court Decisions by the Hellenic Administration.
We remain at your disposal, partially disappointed from the Commissions inertia towards proper implementation of European Law. We hope this communication be the last one before Greece apologizes in front of the European Court for such a contemptuous behavior at European Institutions.
With honor
Loucas Vasilias Konstantinos Kyratsos
President of the board Secretary General
Για να δείτε το πρωτότυπο έγγραφο, πατήστε εδώ