CELEX: C2007/315/49
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-480/07: Action brought on 31 October 2007 — Commission of the European Communities v Kingdom of Spain

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/29
            
         Action brought on 31 October 2007 — Commission of the European Communities v Kingdom of Spain
   (Case C-480/07)
   (2007/C 315/49)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: K. Simonsson and R.Vidal Puig, acting as Agents)
   
      Defendant: Kingdom of Spain
   Form of order sought
   
               —
            
            
               to declare that, by failing to develop, approve and implement waste reception and handling plans for all its ports, the Kingdom of Spain has failed to fulfil its obligations under Articles 5(1) and 16(1) of Directive 2000/59/EC (1) of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues;
            
         
               —
            
            
               to order the Kingdom of Spain to pay the costs.
            
         Pleas in law and main arguments
   It is apparent from a combined reading of Articles 5(1) and 16(1) of Directive 2000/59 that the Kingdom of Spain was required to adopt, before 28 December 2002, the provisions necessary to ensure the development and implementation of a suitable waste reception and handling plan for every Spanish port.
   It is evident from the information supplied up until that date by the Spanish authorities that waste reception and handling plans have been developed and implemented for all the ports of general interest owned by the State and the ports under the jurisdiction of the Autonomous Community of Galicia. By contrast, it is apparent from that information that such plans have not yet been developed and/or approved in respect of all the ports subject to the jurisdiction of one of the remaining coastal autonomous communities, namely, Catalonia, the Balearics, Valencia, Murcia, Andalusia, the Canaries, Asturias, Cantabria and the Basque country.
   
      (1)  OJ 2000 L 332, p. 81.