CELEX: C2003/251/14
Language: en
Date: 2003-10-18 00:00:00
Title: Case C-364/03: Action brought on 22 August 2003 by the Commission of the European Communities against the Hellenic Republic

18.10.2003             EN                          Official Journal of the European Union                                         C 251/7
Reference for a preliminary ruling by the High Court of                  Pleas in law and main arguments
Justice (England & Wales), Chancery Division, by order of
that court dated 28 July 2003, in the case of Fulcrum
Electronics Ltd (in Liquidation) against Commissioners                   The abovementioned DEI power station unquestionably falls
                      of Customs and Excise                              within the category of industrial plants listed in Annex I to
                                                                         Directive 84/360 and is an ‘existing plant’ within the meaning
                          (Case C-355/03)                                of Article 2(3) of that directive. Therefore, the Hellenic
                                                                         Republic is obliged, under Article 13 of the directive, to imple-
                          (2003/C 251/13)                                ment a policy and strategy including appropriate measures for
                                                                         the adaptation of that plant to the best available technology. In
                                                                         accordance with Article 16 of the directive, that obligation has
Reference has been made to the Court of Justice of the                   existed since 30 June 1987, but the Hellenic Republic has not
European Communities by an order of the High Court of                    yet determined appropriate policies and strategies.
Justice (England & Wales), Chancery Division, dated 28 July
2003, which was received at the Court Registry on 18 August
2003, for a preliminary ruling in the case of Fulcrum                    (1) OJ L 188, 16.7.1984, p. 20.
Electronics Ltd (in Liquidation) against Commissioners of
Customs and Excise on the questions which are identical to
those in Case C-354/03 (1).
(1) See page 6 of this Official Journal.                                 Action brought on 27 August 2003 by the Hellenic
                                                                         Republic against the Commission of the European
                                                                                                   Communities
                                                                                                 (Case C-370/03)
                                                                                                 (2003/C 251/15)
Action brought on 22 August 2003 by the Commission of
the European Communities against the Hellenic Republic
                                                                         An action against the Commission of the European
                          (Case C-364/03)                                Communities was brought before the Court of Justice of the
                                                                         European Communities on 27 August 2003 by the Hellenic
                          (2003/C 251/14)                                Republic, represented by G. Kanellopoulos, a Member of the
                                                                         State Legal Service, with an address for service in Luxembourg
                                                                         at the Greek Embassy, 27 rue Marie-Adelaïde.
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on
22 August 2003 by the Commission of the European                         The applicant asks the Court to:
Communities, represented by G. Valero Jordana and
M. Konstantinidis, of its Legal Service.
                                                                         —     annul Commission Decision 2003/481/EC in so far as
                                                                               concerns the particular chapter concerning the charging
                                                                               to the budget of the Member State rather than to the
The Commission claims that the Court should:
                                                                               EAGGF Guarantee Section the sum not recoverable by the
                                                                               Greek authorities of DR 14 272 278 (EUR 41 884,90);
—     declare that, by failing to determine policies and strategies
      for the gradual adaptation of the steam-turbine and gas-           —     order that the financial consequences of the non-recovery
      turbine units of the DEI (Dimosia Epikhirisi Ilektrismou;                of the above sum should be borne by the Community.
      State Electricity Undertaking) power station at
      Linoperamata, Crete, to the best available technology,
      the Hellenic Republic has failed to fulfil its obligations
                                                                         Pleas in law and main arguments
      under Article 13 of Council Directive 84/360/EEC (1) of
      28 June 1984 on the combating of air pollution from
      industrial plants;
                                                                         —     Infringement of an essential procedural requirement
                                                                               since Greece was not invited by the Commission to a
                                                                               discussion in accordance with Article 8(1) of Regulation
—     order the Hellenic Republic to pay the costs.                            No 1663/96;