ABSTRACT

This chapter presents the two cases brought before the European Court of Justice (ECJ) by the Commission for Greece’s alleged violation of Articles 224 and 225. In June 1994, in the case concerning the Commission’s application for the imposition of interim measures against Greece (case C-120/94R), the ECJ rejected the Commission’s request for an immediate injunction against the Greek embargo. Case C-120/94R represents one of the rare occasions where the ECJ has ruled against the Commission. In case C-120/94 the Commission decided to withdraw its complaint against Greece only after the delivery of the Opinion of the Advocate General, who supported the Greek point of view. The Greek government counter-argued that it had fulfilled its obligation to consult with the other member states and the non-initiation of the consultation procedure by the Commission could not be held to be Greece’s fault.