Case C-440/06: Action brought on 24 October 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-12-16
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, urban area, wastewater, water treatment

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.