Case C-480/07: Action brought on 31 October 2007 — Commission of the European Communities v Kingdom of Spain
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, harbour installation, pollution from ships, waste disposal, waste management

22.12.2007

EN

Official Journal of the European Union

C 315/29

the prohibition in question must be restricted solely to
fixed-term contracts of employment which were in fact
concluded in order to meet temporary, unforeseeable,
urgent or exceptional requirements and not to cases in
which they were in fact concluded in order to meet fixed
and permanent requirements?

Action brought on 24 October 2007 — Commission of the
European Communities v Hellenic Republic

(Case C-470/07)

(2007/C 315/48)

Language of the case: Greek

Action brought on 31 October 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-480/07)

(2007/C 315/49)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson and R.Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

Parties

Applicant: Commission of the European Communities (repre-
sented by: G Zabbos and N Yerrell, acting as Agents)

— to declare that, by failing to develop, approve and imple-
ment waste reception and handling plans for all its ports,
the Kingdom of Spain has failed to fulfil
its obligations
under Articles 5(1) and 16(1) of Directive 2000/59/EC (1) of
the European Parliament and of the Council of 27 November
2000 on port reception facilities for ship-generated waste
and cargo residues;

Defendant: Hellenic Republic

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

Form of order sought

— Declare that the Hellenic Republic, by not adopting the laws
and administrative provisions necessary to
regulations
comply with Directive 2004/54/EC (1) of
the European
Parliament and of
the Council of 29 April 2004 on
minimum safety requirements for tunnels in the Trans-Euro-
pean Road Network, and in any event by not communi-
cating such measures to the Commission, has failed to fulfil
its obligations under that directive

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for the transposition of the directive into
national law expired on 30 April 2006.

Pleas in law and main arguments

It is apparent from a combined reading of Articles 5(1) and
16(1) of Directive 2000/59 that the Kingdom of Spain was
required to adopt, before 28 December 2002, the provisions
necessary to ensure the development and implementation of a
suitable waste reception and handling plan for every Spanish
port.

It is evident from the information supplied up until that date by
the Spanish authorities that waste reception and handling plans
have been developed and implemented for all
the ports of
interest owned by the State and the ports under the
general
jurisdiction of
the Autonomous Community of Galicia. By
such
from that
contrast,
plans have not yet been developed and/or approved in respect
of all
the
remaining coastal autonomous communities, namely, Catalonia,
the Balearics, Valencia, Murcia, Andalusia, the Canaries, Asturias,
Cantabria and the Basque country.

to the jurisdiction of one of

the ports subject

information that

is apparent

it

(1) OJ L 167 of 30.4.2004, p. 39.

(1) OJ 2000 L 332, p. 81.