Judgment — ECLI:EU:C:2008:715
Date: 2008-12-11
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste
Concepts: General;Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Second Chamber) of 11 December 2008 - Commission of the European Communities v Kingdom of Spain (Case C-480/07) 1 (Failure of a Member State to fulfil its obligations - Directive 2000/59/EC - Port reception facilities for ship-generated waste and cargo residues - Failure to have developed, implemented or approved waste reception and handling plans for all ports) Language of the case: Spanish Parties Applicant: Commission of the European Communities (represented by: K. Simonsson and R. Vidal Puig, acting as Agents) Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent) Re: Failure of a Member State to fulfil its obligations - Infringement of Article 5(1) and Article 16 (1) of Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ 2000 L 332, p. 81) - Failure to have developed and/or implemented waste reception and handling plans for all ports under the jurisdiction of the 'Comunidades Autónomas' Operative part of the judgment The Court: 1. Declares that, by failing to develop, implement and approve waste reception and handling plans for all Spanish ports, the Kingdom of Spain has failed to fulfil its obligations under Article 5(1) and Article 16 (1) of Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues; 2. Orders the Kingdom of Spain to pay the costs. ____________ 1 - OJ C 315 of 22.12.2007