Case C-286/08: Action brought on 30 June 2008 — Commission of the European Communities v Hellenic Republic
Date: 2008-06-30
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, environmental protection, hazardous waste, public health, waste disposal

30.8.2008

EN

Official Journal of the European Union

C 223/33

Action brought on 30 June 2008 — Commission of the
European Communities v Hellenic Republic

(Case C-286/08)

(2008/C 223/51)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and J.-B. Laignelot)

Defendant: Hellenic Republic

Form of order sought

— declare that, by failing to draw up and adopt within a
reasonable period a hazardous-waste management plan that
accords with the requirements of the relevant Community
legislation, and by failing to establish an integrated and
adequate network of disposal
installations for hazardous
waste that enables such waste to be disposed of by means of
the most appropriate methods in order to ensure a high
level of protection for the environment and public health,
the Hellenic Republic has failed to fulfil its obligations under
Articles 1(2) and 6 of Directive 91/689/EEC (1) on hazar-
dous waste, in conjunction with Articles 5(1) and (2) and
7(1) of Directive 2006/12/EC (2)
(formerly Directive
75/442/EEC
by Directive
91/156/EEC);

on waste,

amended

as

— declare that, by failing to take all the necessary measures to
ensure, as regards the management of hazardous waste,
compliance with Articles 4 and 8 of Directive 2006/12/EC
(formerly Directive 75/442/EEC, as amended by Directive
91/156/EEC) and Articles 3(1), 6, 7, 8, 9, 13 and 14 of
Directive 1999/31/EC (3) on the landfill of waste,
the
its obligations under
Hellenic Republic has failed to fulfil
Article 1(2) of Directive 91/689/EEC on hazardous waste, in
conjunction with Articles 4 and 8 of Directive 2006/12/EC
(formerly Directive 75/442/EEC on waste, as amended by
under
and
Directive
Articles 3(1), 6, 7, 8, 9, 13 and 14 of Directive 1999/31/EC
on the landfill of waste;

91/156/EEC),

obligations

its

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

After examining the legislative measures notified by the Hellenic
Republic relating to the management of hazardous waste, and in
particular
the Commission
found that they did not meet the requirements of the Com-
munity provisions relating to the management of hazardous
waste.

the National Management Plan,

More specifically, the National Management Plan is deficient
since it merely contains guidelines which require further
elaboration and do not meet the requirement of ‘sufficient preci-
in breach of Articles 1(2) and 6(1) of Directive
sion’,
91/689/EEC,
in conjunction with Article 7(1) of Directive
2006/12/EC (formerly Directive 75/442/EEC).

Also, the National Management Plan does not provide for an
integrated and adequate network of disposal
installations,
because adequate infrastructure is lacking, there are no assess-
ments relating to the required level of operational capacity and
there are deficiencies relating to the establishment and geogra-
phical location of appropriate sites, in breach of Article 1(2) of
Directive 91/689/EEC, in conjunction with Article 5 of Directive
2006/12/EC (formerly Directive 75/442/EEC).

the

Furthermore, it has been established that the disposal of hazar-
dous waste in Greece is in practice usually in the form of
‘temporary storage’, which however, because
relevant
permits are renewed in the absence of appropriate landfill sites,
has become permanent. It follows that appropriate measures
have not been taken for the safe final disposal of hazardous
waste without endangering human health and without harming
the environment,
in breach of Article 1(2) of Directive
91/689/EEC, in conjunction with Articles 4 and 8 of Directive
2006/12/EC
of
Articles 3(1), 6, 7, 8, 9, 13 and 14 of Directive 1999/31/EC on
the landfill of waste.

(formerly Directive

75/442/EEC),

and

(1) OJ L 377, 31.12.1991, p. 20.

Action brought on 1 July 2008 — Commission of the
European Communities v Grand Duchy of Luxembourg

(Case C-289/08)

(2008/C 223/52)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and A. Sipos)

(2) OJ L 114, 27.4.2006, p. 9.
(3) OJ L 182, 16.7.1999, p. 1.

Defendant: Grand Duchy of Luxembourg