CELEX: 62008CA0368
Language: en
Date: 2009-05-19 00:00:00
Title: Case C-368/08: Judgment of the Court (Sixth Chamber) of 19 May 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2004/35/EC — Remedying of environmental damage — Polluter pays principle))

4.7.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 153/16
            
         Judgment of the Court (Sixth Chamber) of 19 May 2009 — Commission of the European Communities v Hellenic Republic
   (Case C-368/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2004/35/EC - Remedying of environmental damage - ‘Polluter pays’ principle))
   2009/C 153/31
   Language of the case: Greek
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: U. Wölker and I. Dimitriou, acting as Agents)
   
      Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Hellenic Republic has failed to fulfil its obligations under Article 19(1) of that directive;
            
         
               2.
            
            
               orders the Hellenic Republic to pay the costs.
            
         
      (1)  OJ C 247, 27.9.2008.