Case C-219/02: Action brought on 12 June 2002 by the Commission of the European Communities against the Hellenic Republic
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, European standard, Greece, access to information, action for failure to fulfil an obligation, national implementing measure, pay television, right to justice, technical standard

10.8.2002

EN

Official Journal of the European Communities

C 191/21

waste disposal sites or to determine location criteria
which are sufficiently precise to enable the competent
authority responsible for issuing a permit under Article 9
of the Directive to ascertain whether the site or installation
is covered by the management prescribed by the plan?

regulations and administrative provisions necessary to
comply fully with Directive 98/84/EC (1) of the European
Parliament and of the Council of 20 November 1998 on
the legal protection of services based on, or consisting of,
conditional access, the Hellenic Republic has failed to
fulfil its obligations under the EC Treaty;

2. Does Article 7 of Directive 75/442, as amended by
Directive 91/156, whether or not read in conjunction
with Article 9 of Directive 75/442 or with any other
provision of the same directive, preclude a Member State
which has not adopted within the period prescribed one
or more waste management plans relating to ‘suitable
disposal sites or installations’ from issuing individual
permits to operate waste disposal installations such as
landfills?

3. Does Article 7(1) of Directive 75/442, as amended by
Directive 91/156, mean that the plan or plans relating in
particular to ‘suitable disposal sites or installations’ must
be drawn up not later than 1 April 1993, or does it mean
that they must be drawn up within a reasonable period,
which may exceed the period prescribed for transposing
the Directive into national law?

(1) OJ L 194 of 25.7.1975, p. 39.
(2) OJ L 78 of 28.3.1991, p. 32.

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive at issue into Greek law or, of course,
notified such measures to the Commission.

Action brought on 12 June 2002 by the Commission of
the European Communities against the Hellenic Republic

(1) OJ L 320, 28.11.1998, p. 54.

(Case C-219/02)

(2002/C 191/34)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 12 June
2002 by the Commission of the European Communities,
represented by Maria Patakia and Niels Bertil Rasmussen, of its
Legal Service.

Reference for a preliminary ruling by the Juzgado de lo
Social No 3 of Orense by order of that Court of 30 March
2002 in the case of Rosa Garcı´a Blanco against Instituto
Nacional de la Seguridad Social and Tesoreria General de
la Seguridad Social

(Case C-225/02)

(2002/C 191/35)

The Commission claims that the Court should:

— declare that, by failing to adopt and to notify to the
Commission, within the time-limit laid down, the laws,

Reference has been made to the Court of Justice of the
European Communities by order of the Juzgado de lo Social
(Social Court) No 3 of Orense of 30 March 2002, received at