Case C-424/06: Action brought on 6 October 2006 — Commission of the European Communities v Italian Republic
Date: 2006-12-16
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, arrangement of working time, national implementing measure, road transport

C 310/8

EN

Official Journal of the European Union

16.12.2006

Pleas in law and main arguments

— to recover that aid from the recipients,

1.

2.

3.

4.

infringement of the law by reason of misstatement of the
legal basis,
inconsistent application and misapplication of
rules and inadequate statement of grounds in relation to the
first part of the first plea in the action before the Court of
First Instance (paragraphs 70, 71, 72, 73, 75, 76 and 77 of
the judgment);

infringement of the law by reason of inadequate and contra-
dictory statement of grounds in relation to the second part
of the first plea in the action before the Court of First
Instance (paragraphs 91, 92, 93, 94 and 95 of the judg-
ment);

infringement of the law by reason of the lack of legal basis
and inadequate and contradictory statement of grounds in
relation to the first part of second plea in the action before
the Court of First Instance (paragraphs 110 — 123 of the
judgment);

infringement of the law by reason of inadequate and contra-
dictory statement of grounds in relation to the second, third
and fourth parts of the second plea in the action before the
Court of First Instance (paragraphs 147, 148, 149, 151,
153, 154 and 155 of the judgment).

Action brought on 13 October 2006 — Commission of
the European Communities v Hellenic Republic

(Case C-419/06)

(2006/C 310/14)

Language of the case: Greek

Parties

and in any event by failing to inform the Commission of
such specific measures, the Hellenic Republic has failed to
fulfil its obligations under Articles 2, 3 and 4 of the above
decision and the EC Treaty;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Commission decision requires Greece to recover the aid
referred to in Article 1 from the recipients and to suspend
without delay each payment of aid to Olympic Airways and
Olympic Airlines. Greece was also required to inform the
Commission, within two months of the date of the decision, of
the measures it took to comply.

The above period allowed for compliance expired on 15
November 2005.

According to settled case law, the only justification that can be
put forward by a Member State in the context of the Article
88(2) EC procedure is the absolute impossibility of proper
implementation of the decision. The Commission would, more-
over, point out that, in accordance with the above case-law, the
Greek authorities could not rely on absolute impossibility
without having attempted to recover the amount, and no such
attempt has been made.

The Greek authorities have not relied on extraordinary or
unforeseeable difficulties rendering implementation of the deci-
sion impossible. Nor have they proposed alternative means of
applying the decision which would enable the difficulties to be
overcome. The Greek authorities have confined themselves to
challenging the validity of the decision and of the quantitative
calculation of the aid by the Commission, a fact which shows
that they have not applied the slightest measure to suspend or
recover the aid.

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

Action brought on 6 October 2006 — Commission of the
European Communities v Italian Republic

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:

(Case C-424/06)

(2006/C 310/15)

Language of the case: Italian

— declare, that, by failing to take the necessary measures,

within the prescribed period,

— to abolish aid found to be unlawful and incompatible
with the common market by Commission Decision
C(2005)2706 of 14 September 2005 relating to State
aid granted by Greece
to Olympic Airways and
Olympic Airlines (notified on 15 September 2005 by
document SG Greffe (2005) D/205062), and

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti and N. Yerrell, Agents)

Defendant: Italian Republic

16.12.2006

EN

Official Journal of the European Union

C 310/9

Form of order sought

— Declare that, by failing to adopt all the laws, regulations
and administrative provisions necessary to comply with
Directive 2005/15/EC of the European Parliament and of
the Council of 11 March 2002 on the organisation of the
working time of persons performing mobile road transport
activities or, in any event, by failing to communicate such
measures to the Commission, the Italian Republic has failed
to fulfil its obligations under that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2002/15/EC into
domestic law expired on 23 March 2005.

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

(Case C-440/06)

(2006/C 310/16)

Language of the case: Greek

Parties

urban waste water entering collecting systems is subject to
secondary treatment (or an equivalent treatment) within the
meaning of Article 2(8) of the Directive.

This case concerns the breach of two specific obligations on
the part of the Hellenic Republic, provided for in Articles 3 and
4 of Directive 91/271/EEC: first, the requirement that there
should be a collecting system for urban waste water by 31
December 2000 in all agglomerations with a population of
more than 15 000 before 31 December 2000 in accordance
with Article 3 of the Directive; second, the requirement that all
urban waste water discharged into collecting systems should be
to secondary treatment by 31 December 2000 in
subject
agglomerations with a population of more than 15 000.

By the end of the period laid down by the Commission in the
statement of reasons in its opinion (13 September 2005), 24
agglomerations in Greece did not have a collecting system for
urban waste water and/or a treatment system for urban waste
water as required by the Directive.

(1) OJ L 135 of 30.05.1991, p. 40.

Action brought on 25 October 2006 — Commission of
the European Communities v French Republic

(Case C-441/06)

(2006/C 310/17)

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

Language of the case: French

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:

— declare that the Hellenic Republic has failed to fulfil its obli-
gations under Articles 3 and 4 of Directive 91/271/EEC (1)
concerning urban waste-water
treatment by failing to
ensure that 24 agglomerations are provided with collecting
systems for urban waste water meeting the requirements of
Article 3 and/or urban waste water treatment systems satis-
fying the requirements of Article 4;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

Article 3 of Directive 91/271/EEC requires Member States to
ensure that all agglomerations of a certain size are provided
with collecting systems for urban waste water. Article 4 of the
Directive also provides that Member States are to ensure that

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Giolito, Agent)

Defendant: French Republic

Form of order sought

— declare that, by failing to give effect, within the prescribed
period, to the Commission Decision of 2 August 2004 on
the State aid implemented by France for France Télécom
(State Aid C 13/b/2003) (1), the French Republic has failed
to fulfil its obligations under Articles 2 and 3 of that deci-
sion, the fourth paragraph of Article 249 EC and Article 10
EC;

— order the French Republic to pay the costs.