CELEX: C2004/047/25
Language: en
Date: 2004-02-21 00:00:00
Title: Case C-502/03: Action brought on 26 November 2003 by the Commission of the European Communities against the Hellenic Republic

21.2.2004                EN                        Official Journal of the European Union                                              C 47/15
2.     If the answer to the second alternative in question 1.                          failed to fulfil its obligations under Articles 4, 8 and
       above is in the affirmative:                                                    9 of Council Directive 75/442/EEC (1) on waste, as
                                                                                       amended by Directive 91/156/EEC. (2)
       Does the proviso ‘subject to the same proviso’ contained
       in the second subparagraph of Article 3(3) of Directive
       92/12/EEC refer, also on taxation of the supply of services         —     order the Hellenic Republic to pay the costs.
       relating to products subject to excise duty as defined by
       Article 3(1) of Directive 92/12/EEC, only to the condition
       laid down in the first subparagraph of Article 3(3) of that
       directive, namely ‘provided, however, that those taxes do
       not give rise to border-crossing formalities in trade               Pleas in law and main arguments
       between Member States’, or in such a case must ‘specific
       purposes’ for the tax, as laid down in Article 3(2) of the
       directive, also exist?                                              According to the most recent records (December 2002), 1458
                                                                           unlawful and uncontrolled waste tips are operating which
                                                                           receive waste from 47 % of the country’s population.
(1) OJ L 76, p. 1.
                                                                           The Greek authorities informed the Commission that the
                                                                           programme to reduce unlawful and uncontrolled waste dis-
                                                                           posal sites and their replacement with lawful landfill sites
                                                                           meeting public health requirements will only be completed at
                                                                           the end of 2007.
Action brought on 26 November 2003 by the Com-
mission of the European Communities against the Hel-                       The Commission considers that, inasmuch as it is allowing the
                           lenic Republic                                  unlawful and uncontrolled sites to operate on its territory, the
                                                                           Hellenic Republic is in breach of its obligations under
                                                                           Articles 4, 8 and 9 of Directive 75/442/EEC on waste, as
                          (Case C-502/03)                                  amended by Directive 91/156/EEC.
                           (2004/C 47/25)                                  (1) OJ L 194 of 25.07.1975, p. 39.
                                                                           (2) OJ L 78 of 26.3.1991, p. 32.
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 26 Nov-
ember 2003 by the Commission of the European Communi-
ties, represented by M. Konstantinidis, of its Legal Service.
The Commission claims that the Court should:                               Action brought on 1 December 2003 (fax 26 November
                                                                           2003) by the Federal Republic of Germany against the
—      declare that, by failing to take all the measures necessary:                 Commission of the European Communities
       —     to ensure that waste is disposed of without
             endangering human health and without harming                                            (Case C-506/03)
             the environment,
                                                                                                      (2004/C 47/26)
       —     to prohibit the abandonment, dispοsal and uncon-
             trolled treatment of waste, to ensure that any holder
             of waste has it handled by a private or public waste
             collector or by an undertaking which carries out
             disposal, or disposes of it himself, in accordance            An action against the Commission of the European Communi-
             with the measures taken under Article 4,                      ties was brought before the Court of Justice of the European
                                                                           Communities on 1 December 2003 (fax 26 November 2003)
       —     to ensure that the establishments or undertakings             by the Federal Republic of Germany, represented by Wolf-
             which carry out disposal operations operate under a           Dieter Plessing, Ministerialrat in the Federal Ministry of Finance,
             permit from the competent authority or under a                and Christoph von Donat, Rechtsanwalt, with an address for
             permit which meets the legal requirements, has                service at the Federal Ministry for Finance, Berlin (Germany).