CELEX: C1998/113/14
Language: en
Date: 1998-04-11 00:00:00
Title: Action brought on 17 November 1997 by the Commission of the European Communities against the Hellenic Republic (Case C-387/97)

C 113/6               EN                  Official Journal of the European Communities                                      11.4.98
                  ORDER OF THE COURT                                 The applicant claims that the Court should:
                      (Fourth Chamber)
                     of 15 January 1998                              Ð declare that, by not taking the necessary measures to
                                                                          comply with the judgment of the Court of Justice in
in Case C-403/95 P: Dieter Obst v. Commission of the                      Case C-45/91 Commission v. Greece and, in particular,
                  European Communities (1)                                by not having yet drawn up and implemented the
                                                                          plans and programmes needed for the disposal of
(Appeal Ð Official Ð Recruitment procedure Ð Article 45
                                                                          waste and of toxic waste in the area of Chania so that
of the Staff Regulations Ð Statement of reasons Ð
                                                                          human health is not endangered and the environment
Compensation for damage Ð Appeal clearly inadmissible
                                                                          is not harmed, the Hellenic Republic has failed to
                        and unfounded)
                                                                          fulfil its obligations under Article 171 of the Treaty,
                         (98/C 113/13)
                                                                     Ð order the Hellenic Republic to pay the costs.
               (Language of the case: German)
                                                                     Pleas in law and main arguments adduced in support:
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                    In its judgment of 7 April 1992 in Case C-45/91
                                                                     Commission v. Greece [1992] ECR I-2509, the Court of
                                                                     Justice found that the Hellenic Republic had failed to fulfil
In Case C-403/95 P: Dieter Obst, an official of the                  its obligations under Articles 4 and 6 of Council Directive
Commission of the European Communities, residing at                  75/442/EEC of 15 July 1975 on waste (1) and Articles 5
Everberg, Belgium, represented by Lothar Mahlberg,                   and 12 of Council Directive 78/319/EEC of 20 March
Rechtsanwalt, Bonn, with an address for service c/o                  1978 on toxic and dangerous waste (2).
Marianne Moritz, 25a rue de Schönfels, Bridel,
Luxembourg Ð appeal against the judgment of the Court
of First Instance (Second Chamber) of 19 October 1995 in             The Commission stated in its reasoned opinion of 6 August
Case T-562/93 Obst v. Commission [1995] ECR-SC II-                   1996 that, four years after delivery of that judgment, the
737, seeking to have that judgment set aside, the other              Hellenic Republic had not taken the necessary measures to
party to the proceedings being: Commission of the                    comply with it. The Commission points out that, in
European Communities (Agent: Julian Currall, assisted by             accordance with the Court's case-law (see Case 169/87
Bertrand Wägenbaur) Ð the Court (Fourth Chamber),                    Commission v. France [1988] ECR 4093 and Case 375/89
composed of H. Ragnemalm, President of the Chamber,                  Commission v. Belgium [1991] ECR I-383), the process of
J. L. Murray and K. M. Ioannou (Rapporteur), Judges;                 complying with a judgment of the Court which establishes
M. B. Elmer, Advocate-General; R. Grass, Registrar, has              that a Member State has failed to fulfil its obligations
given an order the operative part of which is as follows:            must be initiated at once and be completed as soon as
                                                                     possible. It thus cannot be disputed that the Hellenic
                                                                     Republic has failed to fulfil its obligations pursuant to
1. the appeal is dismissed;                                          Article 171 of the Treaty. In addition, the Commission
                                                                     claims pursuant to Article 171(2) of the Treaty that the
                                                                     Court should impose on the Hellenic Republic a penalty
2. the appellant shall pay the costs.
                                                                     payment of ECU 24 600 per day of default in respect of
                                                                     the failure to comply with the judgment of the Court.
(1) OJ C 64, 2.3.1996, p. 8.
                                                                     (1) OJ L 194, 25.7.1975, p. 39.
                                                                     (2) OJ L 84, 31.3.1978, p. 43.
Action brought on 17 November 1997 by the Commission
of the European Communities against the Hellenic
                             Republic                                Appeal brought on 7 January 1998 by Henri de Compte
                       (Case C-387/97)                               against the judgment delivered on 5 November 1997 by
                                                                     the First Chamber of the Court of First Instance of the
                         (98/C 113/14)                               European Communities in Case T-26/89 (125) Henri de
                                                                                      Compte v. European Parliament
                                                                                              (Case C-2/98 P)
An action against the Hellenic Republic was brought
before the Court of Justice of the European Communities                                        (98/C 113/15)
on 17 November 1997 by the Commission of the
European Communities, represented by Maria Kontou-
Durande, of its Legal Service, with an address for service           An appeal has been brought before the Court of Justice of
in Luxembourg at the office of Carlos Gómez de la Cruz,              the European Communities on 7 January 1998 by Henri
also of its Legal Service, Wagner Centre, Kirchberg.                 de Compte, represented by Henri Ferretti, of the