Judgment of the Court (Sixth Chamber) of 19 April 2012 — Commission v Greece

(Case C-297/11)

‛Failure of a Member State to fulfil obligations — Directive 2000/60/EC — European Union water policy — River basin management plan — Publication — Public information and consultation — Failure to notify the Commission’

1. 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. 258 TFEU; European Parliament and Council Directive 2000/60, Arts 13(1) to (3) and 6, 14(1)(c), and 15(1)) (see para. 13)

2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see paras 14, 17)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 13(1), (2) and (6), 14(1)(c) and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1) — River basin management plans — Publication — Information and consultation of the public — Failure to send copies of management plans to the Commission.

Operative part

The Court:

1. Declares that, by failing to draw up, by 22 December 2009, the river basin management plans for both river basins located entirely within its own territory and international river basins, and by failing to send copies of those plans, by 22 March 2010, to the European Commission, the Hellenic Republic has failed to fulfil its obligations under Articles 13(1) to (3) and (6) and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and, in addition, by failing to institute, by 22 December 2008, the public information and consultation procedure regarding the draft river basin management plans, the Hellenic Republic has failed to fulfil its obligations under Article 14(1)(c) of that directive;

2. Orders the Hellenic Republic to pay the costs.

Judgment of the Court (Sixth Chamber) of 19 April 2012 — Commission v Greece

(Case C-297/11)

‛Failure of a Member State to fulfil obligations — Directive 2000/60/EC — European Union water policy — River basin management plan — Publication — Public information and consultation — Failure to notify the Commission’

1. 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. 258 TFEU; European Parliament and Council Directive 2000/60, Arts 13(1) to (3) and 6, 14(1)(c), and 15(1)) (see para. 13)

2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see paras 14, 17)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 13(1), (2) and (6), 14(1)(c) and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1) — River basin management plans — Publication — Information and consultation of the public — Failure to send copies of management plans to the Commission.

Operative part

The Court:

1. Declares that, by failing to draw up, by 22 December 2009, the river basin management plans for both river basins located entirely within its own territory and international river basins, and by failing to send copies of those plans, by 22 March 2010, to the European Commission, the Hellenic Republic has failed to fulfil its obligations under Articles 13(1) to (3) and (6) and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and, in addition, by failing to institute, by 22 December 2008, the public information and consultation procedure regarding the draft river basin management plans, the Hellenic Republic has failed to fulfil its obligations under Article 14(1)(c) of that directive;