Case C-81/07: Judgment of the Court (Third Chamber) of 13 March 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Environment — Directive 2000/59/EC — Waste reception and handling plans for ship-generated waste)
Date: 2008-03-13
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, harbour installation, national implementing measure, pollution from ships, vessel, waste management

C 116/8

EN

Official Journal of the European Union

9.5.2008

Parties to the main proceedings

Re:

Ispettorato Provinciale dell'Agricoltura di Enna,
Applicants:
Assessorato all'agricoltura e foreste della Regione Sicilia, Regione
Sicilia

Defendant: Domenico Valvo

Re:

Reference for a preliminary ruling — Consiglio di Giustizia
Amministrativa per la Regione siciliana — Interpretation of
Council Regulation (EC) No 950/97 of 20 May 1997 on
improving the efficiency of agricultural structures — National
legislation refusing to grant the compensatory allowance for
permanent natural handicaps to farmers in receipt of a length-
of-service pension

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, all the provisions necessary
to comply with Directive 2000/59/EC of the European Parlia-
ment and of the Council of 27 November 2000 on port recep-
tion facilities for ship-generated waste and cargo residues —
Commission declaration (OJ 2000 L 332, p. 81)

Operative part of the judgment

The Court:

1. Declares that, by failing to develop, implement and approve waste
reception and handling plans for ship-generated waste and cargo
residues, the Hellenic Republic has failed to fulfil
its obligations
under Article 5(1) and Article 16(1) of Directive 2000/59/EC of
the European Parliament and of
the Council of 27 November
2000 on port reception facilities for ship-generated waste and
cargo residues.

Operative part of the judgment

2. Orders the Hellenic Republic to pay the costs.

Articles 17 and 18 of Council Regulation (EC) No 950/97 of
20 May 1997 on improving the efficiency of agricultural structures
confer on Member States the right to grant a compensatory allowance
to a farmer who fulfils the conditions laid down in those two articles.
However, those articles do not preclude a Member State from refusing
payment of such an allowance where that farmer is in receipt of a
pension, in particular, a length-of-service pension.

(1) OJ C 69, 24.3.2007.

(1) OJ C 117, 26.5.2007.

Judgment of the Court (Third Chamber) of 13 March 2008
— Commission of the European Communities v Hellenic
Republic

(Case C-81/07) (1)

Judgment of the Court (Seventh Chamber) of 1 April 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-417/07) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2004/36/EC — Safety of third-country aircraft using
Community airports — Failure to transpose within the
prescribed period)

(2008/C 116/14)

Language of the case: French

(Failure of a Member State to fulfil its obligations — Environ-
ment — Directive 2000/59/EC — Waste reception and hand-
ling plans for ship-generated waste)

Parties

(2008/C 116/13)

Language of the case: Greek

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig, Agent)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, Agent)

Parties

Re:

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and K. Simonsson, Agents)

Defendant: Hellenic Republic (represented by: S. Chala and I.
Pouli, Agents)

Failure by a Member State to fulfil its obligations — Failure to
adopt, within the prescribed period, the necessary measures to
comply with Directive 2004/36/EC of the European Parliament
and of the Council of 21 April 2004 on the safety of third-
country aircraft using Community airports (OJ 2004 L 143,
p. 76)