Judgment — ECLI:EU:C:2009:793
Date: 2009-12-17
Language of the case: Greek
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Public health
Concepts: Public health;General
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Judgment of the Court (Fifth Chamber) of 17 December 2009 - European Commission v Hellenic Republic (Case C-248/08) 1 (Failure of a Member State to fulfil obligations - Regulation (EC) No 1774/2002 - Articles 4(2)(a) and (c), 5(2)(c), 6(2)(b), 10 to 15, 17, 18 and 26 - Animal by-products - Waste - Burial without prior treatment - Lack of official controls - Plants for the safe management of animal by-products - Operation - Lack of authorisation - Incineration of specified risk materials - No adequate process) Language of the case: Greek Parties Applicant: European Commission (represented by: H. Tserepa-Lacombe and A. Markoulli, acting as Agents) Defendant: Hellenic Republic (represented by: V. Kontolaimos, S. Charitaki, E.-M. Mamouna and Chalkias, acting as agents) Re: Failure of a Member State to fulfil obligations - Breach of Articles 4(2), 5(2), 10 to 15, 17, 18 and 26 of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ 2002 L 273, p. 1) - Burial of animal bi-products without prior treatment - Lack of official controls Operative part of the judgment The Court: 1. By not correctly applying and imposing Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, in so far as it regards burial in landfills without prior treatment, lack of official controls, authorisation of plants for the management of animal by-products and incineration of specified risk materials, the Hellenic Republic has failed to fulfil its obligations under Articles 4(2)(a) and (c), 5(2)(c), 6(2)(b), 10 to 15, 17, 18 and 26 of Regulation No 1774/2002; 2. orders the Hellenic Republic to pay the costs. ____________ 1 - OJ C 209 of 15.08.2008