Judgment — ECLI:EU:C:2007:766
Date: 2007-12-06
Language of the case: French
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Judgment of the Court (Fifth Chamber) of 6 December 2007 - Commission of the European Communities v French Republic (Case C-106/07) 1 (Failure of a Member State to fulfil obligations - Directive 2000/59/EC - Port reception facilities for ship-generated waste and cargo residues - Failure to have developed and implemented waste reception and handling plans for all ports) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: A. Bordes and K. Simonsson, acting as Agents) Defendant: French Republic (represented by: G. de Bergues and A. Hare, acting as Agents) Re: Failure of a Member State to fulfil obligations - Failure to have adopted, within the prescribed period, the measures necessary to comply with 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) Operative part of the judgment The Court: 1. Declares that, by failing to develop and implement, within the prescribed period, waste reception and handling plans for all its ports, the French Republic has failed to fulfil its obligations under Articles 5(1) and 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 French Republic to pay the costs. ____________ 1 - OJ C 95, 28.04.2007.