Case C-364/03: Action brought on 22 August 2003 by the Commission of the European Communities against the Hellenic Republic
Date: 2003-10-18
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, environmental protection, industrial pollution, power plant

18.10.2003

EN

Official Journal of the European Union

C 251/7

Reference for a preliminary ruling by the High Court of
Justice (England & Wales), Chancery Division, by order of
that court dated 28 July 2003, in the case of Fulcrum
Electronics Ltd (in Liquidation) against Commissioners
of Customs and Excise

(Case C-355/03)

(2003/C 251/13)

Justice of

Reference has been made to the Court of
the
European Communities by an order of the High Court of
Justice (England & Wales), Chancery Division, dated 28 July
2003, which was received at the Court Registry on 18 August
2003,
for a preliminary ruling in the case of Fulcrum
Electronics Ltd (in Liquidation) against Commissioners of
Customs and Excise on the questions which are identical to
those in Case C-354/03 (1).

Pleas in law and main arguments

that directive. Therefore,

The abovementioned DEI power station unquestionably falls
within the category of industrial plants listed in Annex I to
Directive 84/360 and is an ‘existing plant’ within the meaning
of Article 2(3) of
the Hellenic
Republic is obliged, under Article 13 of the directive, to imple-
ment a policy and strategy including appropriate measures for
the adaptation of that plant to the best available technology. In
accordance with Article 16 of the directive, that obligation has
existed since 30 June 1987, but the Hellenic Republic has not
yet determined appropriate policies and strategies.

(1) OJ L 188, 16.7.1984, p. 20.

(1) See page 6 of this Official Journal.

Action brought on 27 August 2003 by the Hellenic
the European
Republic against

the Commission of

Action brought on 22 August 2003 by the Commission of
the European Communities against the Hellenic Republic

(Case C-364/03)

(2003/C 251/14)

Justice of

An action against the Hellenic Republic was brought before
the European Communities on
the Court of
the European
22 August 2003 by the Commission of
Communities,
and
M. Konstantinidis, of its Legal Service.

represented by G. Valero Jordana

The Commission claims that the Court should:

Electricity Undertaking)

— declare that, by failing to determine policies and strategies
for the gradual adaptation of the steam-turbine and gas-
turbine units of the DEI (Dimosia Epikhirisi Ilektrismou;
at
State
Linoperamata, Crete, to the best available technology,
the Hellenic Republic has failed to fulfil its obligations
under Article 13 of Council Directive 84/360/EEC (1) of
28 June 1984 on the combating of air pollution from
industrial plants;

station

power

— order the Hellenic Republic to pay the costs.

Communities

(Case C-370/03)

(2003/C 251/15)

the Commission of

An action against
the European
Communities was brought before the Court of Justice of the
European Communities on 27 August 2003 by the Hellenic
Republic, represented by G. Kanellopoulos, a Member of the
State Legal Service, with an address for service in Luxembourg
at the Greek Embassy, 27 rue Marie-Adelaïde.

The applicant asks the Court to:

— annul Commission Decision 2003/481/EC in so far as
concerns the particular chapter concerning the charging
to the budget of the Member State rather than to the
EAGGF Guarantee Section the sum not recoverable by the
Greek authorities of DR 14 272 278 (EUR 41 884,90);

— order that the financial consequences of the non-recovery
of the above sum should be borne by the Community.

Pleas in law and main arguments

— Infringement of an essential procedural

requirement
since Greece was not invited by the Commission to a
discussion in accordance with Article 8(1) of Regulation
No 1663/96;