CELEX: 62007CJ0081
Language: en
Date: 2008-03-13
Title: Judgment of the Court (Third Chamber) of 13 March 2008. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Environment - Directive 2000/59/EC - Waste reception and handling plans for ship-generated waste. # Case C-81/07.

Judgment of the Court (Third Chamber) of 13 March 2008 – Commission v Greece
      (Case C‑81/07)
      Failure of a Member State to fulfil obligations – Environment – Directive 2000/59/EC – Waste reception and handling plans for ship-generated waste
      1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 16)
      2.                     Acts of the institutions – Directives – Implementation by Member States – Need to ensure that directives are effective – Need
            for clear and precise transposition (Art. 249 EC) (see paras 17, 19)
      3.                     Environment – Waste – Directive 2000/59 – Ship-generated waste and cargo residues (European Parliament and Council Directive
            2000/59, Art. 5(1) and (3)) (see paras 20-21, 28, operative part)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, all the provisions necessary
                  to comply with Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities
                  for ship-generated waste and cargo residues – Commission declaration (OJ 2000 L 332, p. 81).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to develop, implement and approve waste reception and handling plans for ship-generated waste and
                     cargo residues, the Hellenic Republic has failed to fulfil its obligations under Articles 5(1) and 16(1) of Directive 2000/59/EC
                     of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and
                     cargo residues;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.