CELEX: 62006CJ0305
Language: en
Date: 2008-09-11
Title: Judgment of the Court (Fifth Chamber) of 11 September 2008. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Combined transport of goods between the Member States - Directive 92/106/EEC - Final road haulage leg forming an integral part of a combined transport operation - Nearest suitable railway station. # Case C-305/06.

Judgment of the Court (Fifth Chamber) of 11 September 2008 – Commission v Greece
      (Case C‑305/06)
      Failure of a Member State to fulfil obligations – Combined transport of goods between the Member States – Directive 92/106/EEC – Final road haulage leg forming an integral part of a combined transport operation – Nearest suitable railway station
      1.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission – Presumptions – Not permissible
            (Art. 226 EC) (see para. 41)
      2.                     Actions for failure to fulfil obligations – Application initiating proceedings – Statement of subject-matter and pleas in
            law – Formal requirements – Unambiguous wording of the form of order sought by the applicant (Art. 226 EC; Statute of the
            Court of Justice, Art. 21; Rules of Procedure of the Court of First Instance, Art. 38(1)(c)) (see para. 47)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Articles 2 and 4 of Council Directive 92/106/EEC on the
                  establishment of common rules for certain types of combined transport of goods between Member States (OJ 1992 L 368, p. 38)
                  – Final road haulage leg forming an integral part of a combined transport operation – Requirement of a Greek road transport
                  authorisation.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Commission of the European Communities to pay the costs.