Case C-286/08: Judgment of the Court (Fifth Chamber) of 10 September 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Environment — Directives 2006/12/EC and 91/689/EEC — Hazardous waste — Obligation to draw up and adopt a hazardous-waste management plan — Obligation to establish an integrated and adequate network of disposal installations for hazardous waste — Directive 1999/31/EC — Landfill of waste — Disposal of hazardous waste)
Date: 2009-09-10
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, environmental protection, hazardous waste, public health, waste disposal








C_2009267EN.01002101.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/21





Judgment of the Court (Fifth Chamber) of 10 September 2009 — Commission of the European Communities v Hellenic Republic
(Case C-286/08) (1)

(Failure of a Member State to fulfil obligations - Environment - Directives 2006/12/EC and 91/689/EEC - Hazardous waste - Obligation to draw up and adopt a hazardous-waste management plan - Obligation to establish an integrated and adequate network of disposal installations for hazardous waste - Directive 1999/31/EC - Landfill of waste - Disposal of hazardous waste)
2009/C 267/36
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: M. Patakia and J.-B. Laignelot, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 1(2) and 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ 1991 L 377, p. 20) and Articles 5(1) and (2), 7(1), 4 and 8 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ 2006 L 114, p. 9) (formerly Council Directive 75/442/EEC of 15 July 1975, as amended by Council Directive 91/156/EEC of 18 March 1991) — Breach of Articles 3(1), 6 to 9, 13 and 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) — Failure to draw up a hazardous-waste management plan that accords with the requirements of the Community legislation and to establish an integrated and adequate network of disposal installations for hazardous waste — Failure to fulfil obligations so far as concerns the management and landfill of waste.

Operative part of the judgment

The Court:






1.


declares 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 characterised by the most appropriate methods in order to ensure a high level of protection for the environment and public health, and










2.


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 of the European Parliament and of the Council of 5 April 2006 on waste and Articles 3(1), 6 to 9, 13 and 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste,
the Hellenic Republic has failed to fulfil its obligations under, first, Articles 1(2) and 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, read in conjunction with Articles 5(1) and (2) and 7(1) of Directive 2006/12, second, Article 1(2) of Directive 91/689, read in conjunction with the provisions of Articles 4 and 8 of Directive 2006/12, and, third, Articles 3(1), 6 to 9, 13 and 14 of Directive 1999/31.










3.


orders the Hellenic Republic to pay the costs.






(1)  OJ C 223, 30.08.2008.