CELEX: 62014CN0167
Language: en
Date: 2014-04-07 00:00:00
Title: Case C-167/14: Action brought on 7 April 2014  — European Commission v Hellenic Republic

11.8.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/12
            
         Action brought on 7 April 2014 — European Commission v Hellenic Republic
   (Case C-167/14)
   2014/C 261/20
   Language of the case: Greek
   
      Parties
   
   
      Applicant: European Commission (represented by: G. Ζabbos and E. Manhaeve, acting as Agents)
   
      Defendant: Hellenic Republic
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Declare that the Hellenic Republic, by failing to take all the measures necessary to comply with the judgment of the Court of 25 October 2007 in Case C-440/06 Commission v Greece, failed to fulfil its obligations under Article 260(1) TFEU;
            
         
               —
            
            
               Order the Hellenic Republic to pay to the Commission a proposed financial penalty of EUR 47  462,40for each day of delay in complying with the judgment delivered in Case C-440/06, from the date of delivery of judgment in the present case until the date of compliance with the judgment in Case C-440/06;
            
         
               —
            
            
               Order the Hellenic Republic to pay to the Commission a fixed daily sum of EUR 5  191,20per day from the date of delivery of the judgment in Case C-440/06 until the date of delivery of the judgment in this case or the date of compliance with the judgment in Case C-440/06, whichever is the earlier;
            
         
               —
            
            
               order the Hellenic Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   As regards the method for calculation of penalties the Commission refers to:
   
               Α-
            
            
               
                  The importance of the provisions of the legislation which were infringed such as Articles 3 and 4 of Council Directive 91/271/ΕEC (1) of 21 May 1991 concerning urban waste water treatment in respect of the collection, treatment and discharge of urban waste water and the treatment and discharge of sludge from certain industrial sectors and the specified objectives of protecting the environment from the adverse effects of discharge of such waters.
               The Commission maintains that the discharge of untreated waste (that is, waste that has undergone no treatment, because of a lack of comprehensive systems and/or of treatment plants) into surface waters leads to pollution which is characterised by an oxygen imbalance while the flow of nutrient substances (particularly nitrogen and phosphorus compounds) significantly affects the quality of those waters and their related ecosystems (putting at risk, for example, fish populations).
               Further, as regards urban waste water which undergoes inadequate treatment (treatment processes which do not implement secondary treatment or which implement non-compliant secondary treatment), the implementation of primary treatment alone is insufficient to prevent any risk of pollution and deterioration in the quality of water and related ecosystems. Moreover the excessive discharge of nutrients (which consist of nitrogen and phosphorus compounds) into surface waters is a basic cause of increased eutrophication (accelerated growth of algae and forms of plant life), which increases the risk of imbalance as regards water oxygen, increased extinction of fish populations and other aquatic organisms, and increased harm suffered by related terrestrial ecosystems. That is precisely why Article 4 of Directive 91/271/ΕEC provides that urban waste water which is produced by agglomerations of more than 15  000 p.e. [population equivalent] cannot be discharged, unless it has been subject to secondary or equivalent treatment.
               The Commission maintains that the collection and treatment of all waste water which is produced by Greek agglomerations of more than 15  000 p.e. is of vital importance both for the preservation and improvement of the quality of surface waters, aquatic ecosystems and terrestrial ecosystems which are directly dependent on the waters in question and to securing the full and correct implementation of other European Union directives.
               However, despite the efforts made and measures taken by the Greek authorities in recent years, it is clear that, to date, six agglomerations of more than 15  000 p.e. of the total of 23 which are covered by the judgment of 25 October 2007 (including five in the region of eastern Attica, which is one of the most densely populated in Greece) do not comply with Articles 3 and 4 of Directive 91/271/EEC. The equivalent population residing in those six agglomerations is 1 24  000 (16  000 in Lefkimmi, 25  000 in Nea Makri, 17  000 in Markopoulo, 20  000 in Koropi, 18  000 in Rafina and 28  000 in Artemida).
            
         
               Β-
            
            
               
                  the consequences of the infringement in respect of general and particular interests which are caused by the failure fully to comply with the judgment of the Court in Case C-440/06, which creates significant risks of environmental pollution and has effects on human health. As described by the Commission, the failure fully to comply with the judgment of the Court in Case C-440/06 leads to the eutrophication of surface waters which could put at risk, inter alia, good ecological and chemical status and the conservation of aquatic and terrestrial ecosystems. Consequently, the Commission considers that the failure fully to comply with the judgment is likely to affect the implementation of other European Union directives, including Directive 2000/60/ΕC (2) of the European Parliament and the Council of 23 Οctober 2000 establishing a framework for Community action in the field of water policy, Directive 2006/7/EC (3) concerning the management of bathing water quality and Council Directive 92/43/ΕC (4) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
               Further, the Commission maintains that the failure fully to comply with the judgment of the Court affects the ability of citizens to enjoy the benefits of surface waters which are sufficiently clean to permit the practice of recreational activities (fishing, swimming, sailing, walking etc.). The failure fully to comply with the judgment is also likely to affect both the quality of the water which is available for human consumption and human health itself.
            
         
      (1)  OJ 1991 L 135, pp. 40-52.
   
      (2)  OJ 2000 L 327, pp. 1-73.
   
      (3)  OJ 2007 L 64, pp. 37-51.
   
      (4)  OJ 1992 L 206, pp. 7-50.