Judgment — ECLI:EU:C:2009:326
Date: 2009-05-19
Language of the case: Greek
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Judgment of the Court (Sixth Chamber) of 19 May 2009 – Commission v Greece (Case C‑368/08) Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Remedying of environmental damage – ‘Polluter pays’ principle Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. Operative part The Court: 1. Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Hellenic Republic has failed to fulfil its obligations under Article 19(1) of that directive; 2. Orders the Hellenic Republic to pay the costs.