Commission takes Greece back to court for failure to accept CE marked medical devices in public procurement procedures

The European Commission has referred Greece back to the EU’s Court of Justice because of its failure to apply EU rules on public procurement as regards contracts for supplies of medical equipment to hospitals. In the Commission’s view, Greece continues to infringe EU law and has not complied with a Court judgment of 19th March 2009 (C-489/06). The Court ruled that Greece had failed to fulfil its obligations under EU rules on common safety standards for products as well as on public procurement by rejecting offers from suppliers of medical equipment bearing the CE marking. As Greece has still not complied with the Court judgment, the Commission has now decided to refer the case back to the Court again and will ask the Court to impose financial penalties on Greece of 7173,06 euro per day from the date of the original Court ruling until Greece finally complies with EU rules or until the second Court ruling whichever comes first, as well as 43724,8 euro per day from the date of the second Court ruling until Greece finally complies with EU rules.