CELEX: C1995/248/06
Language: en
Date: 1995-09-23 00:00:00
Title: Action brought on 5 July 1995 by the Commission of the European Communities against the Hellenic Republic (Case C-233/95)

No C 248/4              EN                 Official Journal of the European Communities                                     23 . 9 . 95
the reasoned opinion, the Greek authorities forwarded a               reduce pollution of the waters of the Pagassitikos Gulf by
technical report by the Ministry of the Environment, Town             the substances within List II . It should, in addition, have
and Country Planning and Public Works in which details                established quality objectives for the waters of the Gulf in
were set out of the measures taken . That reply did not               question and time-limits for achieving those objectives, and
satisfy the Commission , especially as concerns Directive             it should also have set as a condition for all discharges liable
76/464/EEC . In particular the Commission considered that             to contain any of the substances within List II the issue of
the measures provided for in Article 7 of the Directive, that         prior authorization in which emission standards are to be
is to say in respect of quality objectives and authorization of       laid down .
discharges in which emission standards are to be laid down,
as specified in Article 7 ( 2 ), were completely absent . For         From the evidence and studies available to the Commission
those reasons the Court is requested to declare that the              it would appear that the Greek authorities have not taken
Hellenic Republic is in breach of its obligations under the           the appropriate measures to control and limit the sources of
said Directive .                                                      pollution of the Pagassitikos Gulf, which is an enclosed gulf
                                                                      with a very small outlet into the Aegean and very slow
                                                                      renewal of water .
(') OJ No L 129 , 18 . 5 . 1976 , p . 23 .
                                                                      The Greek authorities accept that there are no specialized
                                                                      programmes and refer to the fact that they have asked the
                                                                      University of the Aegean to undertake a study of the sources
                                                                      discharging toxic substances within List II of Directive
                                                                      76/464/EEC .
Action brought on 5 July 1995 by the Commission of the
     European Communities against the Hellehic Republic               Consequently the Commission notes that the Greek
                         ( Case C-233/95 )                            authorities are in a purely preliminary stage as regards the
                                                                      measures which they are obliged to take under Article 7 of
                           ( 95/C 248/06 )                            the above Directive and accordingly have not fulfilled their
                                                                      obligations thereunder.
An action against the Hellenic Republic was brought before
 the Court of Justice on 5 July 1995 by the Commission                 ( ] ) OJ No L 129 , 18 . 5 . 1976 , p . 23 .
 of the European Communities, represented by Maria
 Kondou-Durande, of its Legal Service , with an address for
 service in Luxembourg at the office of Carlos Gomez de la
 Cruz, also of its Legal Service, Wagner Centre .
 The applicant claims that the Court:                                 Action brought on 6 July 1995 by the Commission of the
                                                                            European Communities against the Hellenic Republic
 ( 1 ) should declare that,                                                                      ( Case C-236/95 )
                                                                                                    ( 95/C 248/07)
        — by failing to establish programmes to include
            quality objectives and to lay down time-limits for
            achieving those objectives, in order to reduce             An action against the Hellenic Republic was brought before
                                                                       the Court of Justice on 6 July 1995 by the Commission of
            pollution of the waters of the Pagassitikos Gulf
            by the substances within List II of Directive              the European Communities, represented by Dimitrios
            76/464/EEC (*) of 4 May 1976 on pollution caused           Gouloussis, of its Legal Service, with an address for service
                                                                       in Luxembourg at the officie of Carlos Gomez de la Cruz,
            by certain dangerous substances discharged into the
                                                                        also of its Legal Service , Wagner Centre .
            aquatic environment of the Community, and
        — by not subjecting discharges into the Pagassitikos           The applicant claims that the Court should:
            Gulf which are liable to contain substances within
            List II to prior authorization by the competent             ( 1 ) declare that by failing to adopt and, in the alternative,
            authority in which emission standards are to be laid              to notify to the Commission within the prescribed
            down,                                                             period the laws, regulations and administrative
                                                                              provisions necessary to comply fully with Council
        the Hellenic Republic has failed to fulfil its obligations            Directive 89/665/EEC (*) of 21 December 1989 on
        under the Treaty and Article 7 of Council Directive                   the coordination of the laws, regulations and
        76/464/EEC;                                                           administrative provisions relating to the application of
                                                                               review procedures to the award of public supply and
  ( 2 ) order the Hellenic Republic to pay the costs .                         public works contracts, in particular, by not adopting
                                                                               and, in the alternative, by not notifying to the
                                                                               Commission within the prescribed period the necessary
  Pleas in law and main arguments adduced in support:                          laws, regulations and administrative provisions
                                                                               relating to the award of public supply contracts, the
  under Article 7 of Directive 76/464/EEC the Republic of                      Hellenic Republic has failed to fulfil its obligations
  Greece should have established programmes in order to                        under the EC Treaty;