Case C-163/03: Action brought on 8 April 2003 by the Commission of the European Communities against the Hellenic Republic
Date: 2003-06-07
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, dangerous substance, groundwater, water pollution, water protection

7.6.2003

EN

Official Journal of the European Union

C 135/19

Reference for a preliminary ruling by the Tribunale
Ordinario di Milano by order of that Court of 21 February
2003 in the case of Azienda Agricola (farm) owned by
Andrea Balconi (ex Guido) against Region of Lombardy
and AGEA (Agency for Agricultural subsidies)

(Case C-162/03)

(2003/C 135/27)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale Ordinario di
Milano (Milan District Court) of 21 February 2003, received at
the Court Registry on 7 April 2003, for a preliminary ruling
in the case of Azienda Agricola (farm) owned by Andrea
Balconi (ex Guido) against Region of Lombardy and AGEA
(Agency for Agricultural subsidies) on the following question:

Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March
1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of
28 December 1992 be interpreted as meaning that the
additional levy on milk and milk products is in the nature of
an administrative penalty with the result that producers are
liable to pay it only where quantities allocated have been
exceeded by them intentionally or as a result of negligence?

( 1) OJ L 90 of 01.04.1984, p. 10.
( 2) OJ L 405 of 31.12.1992, p. 1.

tion into groundwater of substances in list II of Directive
80/68/EEC so as to avoid pollution of that water by these
substances, by not subjecting to prior investigation any
disposal or tipping for the purpose of disposal of the
dangerous substances in list I of Directive 80/68/EEC,
which might
lead to indirect discharge, and by not
subjecting to prior investigation all direct discharge of
substances in list II of Directive 80/68/EEC and the
disposal or tipping for the purpose of disposal of those
substances which might lead to indirect discharge, the
Hellenic Republic has failed to fulfil its obligations under
Articles 3, 4 and 5 of Council Directive 80/68/EEC of
17 December 1979 (1) on the protection of groundwater
against pollution caused by certain dangerous substances;

— declare that, by failing to failing to take the necessary
measures to record and identify hazardous waste in the
Thriasio Pedio area, where tipping (discharge) of such
waste takes place, and, by failing to draw up, either
separately or in the framework of their general waste
management plans, plans for the management of hazard-
ous waste in the Thriasio Pedio area, the Hellenic Republic
has failed to fulfil its obligations under Article 2(1) and
6(1) of Council Directive 91/689/EEC of 12 December
1991 on hazardous waste (2);

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

— Infringement of Directive 80/68/EEC

— Infringement of Directive 91/689/EEC.

Action brought on 8 April 2003 by the Commission of
the European Communities against the Hellenic Republic

(1) OJ 1980 L 20, p. 43.
(2) OJ 1991 L 377, p. 20.

(Case C-163/03)

(2003/C 135/28)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 8 April
2003 by the Commission of the European Communities,
represented by V. Jordana and M. Konstantinidis, of its Legal
Service.

The Commission claims that the Court should:

Action brought on 10 April 2003 by the Commission of
the European Communities against the French Republic

(Case C-166/03)

(2003/C 135/29)

— declare that, by failing to take the necessary steps to
prevent the introduction into groundwater of substances
in list I of Directive 80/68/EEC and to limit the introduc-

An action against the French Republic was brought before the
Court of Justice of the European Communities on 10 April