Case C-378/13: Action brought on 2 July 2013 — European Commission v Hellenic Republic
Date: 2013-07-02
Institutions: Court of Justice
Subjects: Greece, enforcement of ruling, infringement of EU law, periodic penalty payment








C_2013260EN.01003102.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/31





Action brought on 2 July 2013 — European Commission v Hellenic Republic
(Case C-378/13)
2013/C 260/58
Language of the case: Greek

Parties


Applicant: European Commission (represented by: M. Patakia and A. Alcover San Pedro)

Defendant: Hellenic Republic

Form of order sought







—


declare that, by failing to take the necessary measures to comply with the judgment delivered by the Court of Justice on 6 October 2005 in Case C-502/03 Commission v Hellenic Republic, the Hellenic Republic has failed to fulfil its obligations under Article 260(1) TFEU;










—


order that the Commission be paid a proposed penalty payment in the sum of EUR 71 193,60 for each day of delay in complying with the judgment delivered in Case C-502/03, from the day on which judgment is delivered in the present case until the day on which the judgment delivered in Case C-502/03 has been complied with;










—


order that the Commission be paid the daily lump sum of EUR 7 786,80 per day from the day on which judgment was delivered in Case C-502/03 until the date on which judgment is delivered in the present case, or the date on which the judgment in Case C-502/03 is complied with if that occurs earlier;










—


order the Hellenic Republic to pay the costs.





Pleas in law and main arguments







1.


In the judgment which it delivered on 6 October 2005 in Case C-502/03 Commission v Hellenic Republic, the Court of Justice:






‘1.


[declared] that, by failing to take all the measures necessary to ensure compliance with Articles 4, 8 and 9 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, the Hellenic Republic [had] failed to fulfil its obligations under that directive;










2.


[ordered] the Hellenic Republic to pay the costs.’














2.


Article 260(1) of the Treaty on the Functioning of the European Union provides that if the Court finds that a Member State has failed to fulfil an obligation arising from that Treaty, that State is required to take all the necessary measures to comply with the judgment.










3.


The Commission, after observing the pre-litigation procedure that is provided for in Article 260 TFEU, sent the Hellenic Republic a letter of formal notice and a supplementary letter of formal notice, by which it gave the Hellenic Republic the opportunity to submit its observations relating to achievement of the measures to comply with the aforesaid judgment.










4.


After analysing the Hellenic Republic's replies to those letters, and in particular the eight progress reports which the Hellenic Republic produced, the Commission established that the Hellenic Republic still has not taken all the necessary measures that are required in order to comply with the Court's judgment of 6 October 2005 in Case C-502/03, more than seven years after that judgment, and it decided to bring the action provided for in Article 260(2) TFEU.