7 August 2019

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Complaint form for breach of EU law

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8. Review data

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Your details
Name: Mr Fotios Giovannopoulos

E-mail: fotios@faos.net

Language: English

Street and number: Aristotelous 7, Kalamaria

Postcode, Town: 55133, Thessaloniki

Country: Greece

Details of the authority or body

Name of the authority: 1. Goverment, 2. Legal System

Country: Greece

National measures suspected to infringe Union law

National measures suspected to Law 4001 of year 2011 that brought into force directives
infringe Union law: 2009/72/EC and 2009/73/EC. The infringements 1. The
goverment completed the part of the law regarding electricity,
but did not completed the part regarding the natural gas (even
though both cases are covered by the same law 2011/4001).
As a result there is a discrimination between consumers of
electricity and consumers of natural gas. 2. The law system
(judgments from local coutrs) does not conform to the EU
directive that has Direct Effect. As a result there is no
protection of human rights regarding the protection of
vulnerable customers of natural gas in contrast to the
vulnerable customers of electricity. Also there is a violation to
the human right for a fair trial, as the judges ignore the Direct
 Effect of the directive as well as they did not ask for a
preliminary reference, even though they were asked to do so.

EU law you think has been breached: 1. Directive 2009/73/EC of the European Parliament and of the
Council of 13 July 2009 concerning common rules for the
internal market in natural gas. 2. Human right regarding
discrimination between citizens. 3. Human right for a fair trial

Problem description
Please describe the problem: The Greek goverment brought into force the law 2011/4001 to
comply to the directives 2009/72/EC and 2009/73/EC. But
even though both directives were included in the same law, the
greek goverment, on one hand, completed all regulations and
administrative provisions regarding the electricity (directive
2009/72/EC), on the other hand did not completed all
regulations and administrative provisions regarding the natural
gas (directive 2009/73/EC). As a result, there is a
discrimination between the vulnerable comsumers that use
electricity and natural gas. We addressed to the local courts
many times in different levels but there was no positive result.
The greek courts ignored and did not take under account, on
one hand, the fact that a directive has direct effect and on the
other hand, that there is a discrimination between citizens
(even though there is a relevant decision of the greek supreme
court). They (all) did not ask for a preliminary reference as we
have requested. As a result the vulnerable cunsumers of
natural gas are not protected, their human right for equality
under the law was violeted and the right for a fair trial too as
basic laws were ignored.

Does the Member State concerned I don’t know

receive (or could it receive in future)
EU funding relating to the subject of
your complaint?:

Does your complaint relate to a Yes

breach of the EU Charter of
Fundamental Rights?:

Please explain how EU law is involved 1. Equality between citizens 2. Right to a fair trial 3. Protection
and which fundamental right has been of vulnerable groups
breached:

Supporting documents
List of documents: Law number 4001, Goverment paper A 179 of 22 August 2011
(ΦΕΚ Α 179/22.8.2011) Directive 2009/72/EC Directive
2009/73/EC The direct effect of European law The protection
of vulnerable groups under international human rights law The
Right to a Fair Trial in International Law European non-
discrimination law

Previous attempts to solve the problem

Have you already taken action in the Yes
Member State concerned to try to
 solve this problem?:

What action have you already taken?: Administrative action (e.g. appeals, complaints to the relevant
public authorities (central, regional or local), complaints to a
national or regional ombudsman), Legal action (I have already
gone to court in the Member State concerned to solve this
problem)

Administrative - Please explain what We have contacted the natural gas companies, explaining the
type of decision(s) resulted from this.: situation and the legal part, but we were ignored with childish
or no excuses. We have called the central authorities but they
declare themselves unauthorized and suggested we have to
wait (for infinite years more - my comment)

Legal - When can a decision be Our action has not been settled. All the court judgents (in
expected?: various levels) were negative.

Are you aware of any action in the No

Member State concerned covering the
issue you raise in this complaint?:

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