# C_2016402EN.01000402.xml

| 31.10.2016 | EN | Official Journal of the European Union | C 402/4 |
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31.10.2016

EN

Official Journal of the European Union

C 402/4

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Judgment of the Court (Fifth Chamber) of 7 September 2016 — European Commission v Hellenic Republic

(Case C-584/14) (1)

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((Failure of a Member State to fulfil obligations - Environment obligations - Directive 2006/12/EC - Directive 91/689/EEC - Directive 1999/31/EC - Waste management - Judgment of the Court establishing a failure to fulfil obligations - Non-implementation - Article 260(2) TFEU - Pecuniary penalties - Periodic penalty payment - Lump sum))

(2016/C 402/05)

Language of the case: Greek

Parties

Parties

Applicant: European Commission (represented by: M. Patakia, E. Sanfrutos Cano and D. Loma-Osorio Lerena, acting as Agents)

Applicant:

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt all of the measures necessary to comply with the judgment of 10 September 2009 in Commission v Greece (C-286/08, not published, EU:C:2009:543), the Hellenic Republic has failed to fulfil its obligations under Article 260(1) TFEU; |
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1.

Declares that, by failing to adopt all of the measures necessary to comply with the judgment of 10 September 2009 in Commission v Greece (C-286/08, not published, EU:C:2009:543), the Hellenic Republic has failed to fulfil its obligations under Article 260(1) TFEU;

| 2. | Orders the Hellenic Republic to pay the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 30 000 for each day of delay in adopting the measures necessary to comply with the judgment of 10 September 2009 in Commission v Greece (C-286/08, not published, EU:C:2009:543), from the date of delivery of the present judgment until full compliance with the judgment of 10 September 2009 in Commission v Greece (C-286/08, not published, EU:C:2009:543). That amount is divided into three parts, corresponding to the three heads of claim invoked by the European Commission and is equivalent, with respect to the first head of claim, to 10 % of the total amount of the penalty payment, namely EUR 3 000, with respect to the second head of claim, to 45 % of that amount, namely EUR 13 500, as well as with respect to the third head of claim, which, as regards the proper management of so-called ‘historical’ waste, will be subject to a six-monthly reduction as a pro rata of the volume of that waste the management of which was in compliance. That reduction is limited to 50 % of the amount of the penalty payment corresponding to that head of claim, that is to say, EUR 6 750; |
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2.

Orders the Hellenic Republic to pay the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 30 000 for each day of delay in adopting the measures necessary to comply with the judgment of 10 September 2009 in Commission v Greece (C-286/08, not published, EU:C:2009:543), from the date of delivery of the present judgment until full compliance with the judgment of 10 September 2009 in Commission v Greece (C-286/08, not published, EU:C:2009:543). That amount is divided into three parts, corresponding to the three heads of claim invoked by the European Commission and is equivalent, with respect to the first head of claim, to 10 % of the total amount of the penalty payment, namely EUR 3 000, with respect to the second head of claim, to 45 % of that amount, namely EUR 13 500, as well as with respect to the third head of claim, which, as regards the proper management of so-called ‘historical’ waste, will be subject to a six-monthly reduction as a pro rata of the volume of that waste the management of which was in compliance. That reduction is limited to 50 % of the amount of the penalty payment corresponding to that head of claim, that is to say, EUR 6 750;

| 3. | Orders the Hellenic Republic to pay the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 10 million; |
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3.

Orders the Hellenic Republic to pay the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 10 million;

| 4. | Orders the Hellenic Republic to pay the costs. |
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4.

Orders the Hellenic Republic to pay the costs.

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(1)  OJ C 81, 9.3.2015.

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