Case C-112/06: Action brought on  24 February 2006  — Commission of the European Communities v Hellenic Republic
Date: 2006-05-20
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, waste management

C 121/4

EN

Official Journal of the European Union

20.5.2006

The applicant claims that the Court should:

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/42/EC (1) of the European Parliament and of the
Council of 27 June 2001 on the assessment of certain plans
and programs on the environment or in any event by
failing to inform the Commission thereof, the Kingdom of
the Netherlands has failed to fulfil its obligations under that
directive;

— order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

as soon as possible, and the necessary procedure of
after-care and management will be followed,

the Hellenic Republic has failed to fulfil
its obligations
under Articles 4 and 8 of Council Directive 75/442/EEC (1)
of 15 July 1975 on waste, as amended by Directive
91/156/EEC (2), and Article 14(b) of Council Directive
1999/31/EC (3) of 26 April 1999 on the landfill of waste;

(b) order the Hellenic Republic to pay the costs.

The period for implementing the directive in national
expired on 21 July 2004.

law

Pleas in law and main arguments

(1) OJ 2001 L 197, p. 30.

Action brought on 24 February 2006 — Commission of
the European Communities v Hellenic Republic

(Case C-112/06)

(2006/C 121/07)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis)

Defendant: Hellenic Republic

Form of order sought

The applicant asks the Court to:

(a) declare that, by failing to take the necessary measures to

ensure that:

— the waste in the landfill sites of Mesomouri and Kour-
oupitos in Crete is disposed of without endangering
human health or the environment,

— the waste in the landfill sites of Mesomouri and Kour-
oupitos is handled by a private or public waste collector
or by an undertaking which carries out waste disposal
operations,

— the landfill site at Mesomouri, which has not been
authorised to continue operating, will cease operating

1. The applicant considers that the disposal of waste at the
Mesomouri and Kouroupitos, Crete, sites is taking place in
infringement of the Hellenic Republic's obligations under
Articles 4 and 8 of Directive 75/442 on waste, as amended
by Directive 91/156/EEC, and under Article 14(b) of Direc-
tive 1999/31/EC on the landfill of waste.

2. As regards the uncontrolled disposal of waste at Mesomouri,
the conclusions of the report of the Commission's experts
showed that the tipping of 90 000 tonnes of waste at the
site endangers human health and is likely to harm the envir-
onment. In addition, the Commission stresses that the Greek
authorities have not taken the measures necessary to ensure
that the waste tipped at Mesomouri will be handled by a
private or public waste collector or by an undertaking
which carries out waste disposal operations.

The Commission adds that
the Greek authorities have
decided that the Mesomouri site ought to cease operating,
finding it essential to restore it and to lay down specific
requirements for subsequent after-care and management of
the site. Nevertheless,
include a
specific timetable for compliance and has not yet been put
into effect on account of lack of resources.

that decision does not

3. As regards the old tip at Kouroupitos, the Commission's
experts' report showed that the site has not been restored
and stresses the likely risks to human health and the envir-
onment. The report refers in particular to the fact that there
is: 1. leaching of a large part of the earth cover; 2. insuffi-
cient stability and resistance to deterioration; and 3. incin-
eration of the existing waste in the tip, which can lead to
toxic emissions. At the same time the Greek authorities
have not taken the necessary measures to ensure that the
waste at Kouroupitos will be handled by a private or public
waste collector or by an undertaking which carries out
waste disposal operations.

(1) OJ L 194 of 25.07.1975, p. 39.
(2) OJ L 78 of 26.03.1991, p. 32.
(3) OJ L 182 of 16.07.99, p. 1.