Opinion of the Advocate General — ECLI:EU:C:1997:322
Date: 1997-06-26
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisional data;Environment;Approximation of laws
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Greece

summary publication.
12 — OJ 1985 L 176, p. 18.
13 — There is hardly any need to recall on this point that the
Court has consistently held that partial fulfilment of the
obligations under a directive cannot constitute proper
transposition of that directive (principle already established
by the judgment in Case 91/79 Commission v Italy [1980]
ECR 1099, paragraph 6).
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COMMISSION v GREECE
11. In the light of the foregoing observations I propose that the Court should:
(1) declare that, by failing to establish the programmes referred to in Article 7 of
Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain
dangerous substances discharged into the aquatic environment of the Commu­
nity and intended to reduce pollution caused by the discharge of substances
within List II into the waters of Lake Vegoritis, the River Soulos and the
Pagasetic Gulf or to set deadlines for the implementation of such programmes
and by failing to submit for prior authorisation within the meaning of Article
7(2) the discharges liable to contain any of the substances within List II into
those same waters, the Hellenic Republic has failed to fulfil its obligations
under Article 189 of the Treaty and under Articles 2 and 7 of the said direc­
tive;
(2) order the Hellenic Republic to pay the costs.
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