CELEX: 62006CJ0440
Language: en
Date: 2007-10-25
Title: Judgment of the Court (Fifth Chamber) of 25 October 2007. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisance - Treatment of urban waste water - Articles 3 and 4. # Case C-440/06.

Judgment of the Court (Fifth Chamber) of 25 October 2007 – Commission v Greece
      (Case C‑440/06)
      Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Pollution and nuisance – Treatment of urban waste water – Articles 3 and 4
      1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 16)
      2.                     Actions for failure to fulfil obligations  – Proof of failure – Burden of proof on the Commission (Art. 226 EC) (see paras
            27-28)
      Re: 
      
         Failure of a Member State to fulfil obligations – Breach of Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991
                  concerning urban waste water (OJ 1991 L 135, p. 40) – Failure to have ensured appropriate treatment of urban waste water in
                  24 agglomerations.
               
            Operative part 
      The Court:
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to ensure that the agglomerations of Artemida, Chrysoupoli, Igoumenitsa, Heraklion (Crete), Katerini,
                     Koropi, Lefkimmi, Litochoro (Prieria), Malia, Markopoulo, Megara, Nea Kidonia (Crete), Navpaktos, Nea Makri, Parikia (Paros),
                     Poros-Galatas, Rafina, Thessaloniki (tourist zone), Tripoli, Zakynthos, Alexandria (Imathia), Edessa and Kalymnos are, where
                     appropriate, provided with collecting systems for urban waste water meeting the requirements of Article 3 of Council Directive
                     91/271/EEC of 21 May 1991 concerning urban waste water and/or urban waste water treatment systems satisfying the requirements
                     of Article 4 of that directive, the Hellenic Republic has failed to fulfil its obligations under those articles.
                  
               
            
         
                   
               
               
                  
               
               
                  Dismisses the remainder of the action.
               
            
         
                   
               
               
                  
               
               
                  Orders the Hellenic Republic to pay the costs.