CELEX: C2002/191/34
Language: en
Date: 2002-08-10 00:00:00
Title: Case C-219/02: Action brought on 12 June 2002 by the Commission of the European Communities against the Hellenic Republic

10.8.2002             EN                     Official Journal of the European Communities                                       C 191/21
     waste disposal sites or to determine location criteria                   regulations and administrative provisions necessary to
     which are sufficiently precise to enable the competent                   comply fully with Directive 98/84/EC (1) of the European
     authority responsible for issuing a permit under Article 9               Parliament and of the Council of 20 November 1998 on
     of the Directive to ascertain whether the site or installation           the legal protection of services based on, or consisting of,
     is covered by the management prescribed by the plan?                     conditional access, the Hellenic Republic has failed to
                                                                              fulfil its obligations under the EC Treaty;
2.   Does Article 7 of Directive 75/442, as amended by
     Directive 91/156, whether or not read in conjunction               —     order the Hellenic Republic to pay the costs.
     with Article 9 of Directive 75/442 or with any other
     provision of the same directive, preclude a Member State
     which has not adopted within the period prescribed one
     or more waste management plans relating to ‘suitable               Pleas in law and main arguments
     disposal sites or installations’ from issuing individual
     permits to operate waste disposal installations such as
     landfills?
                                                                        In accordance with the third paragraph of Article 249 EC,
                                                                        directives are binding, as to the result to be achieved, upon
3.   Does Article 7(1) of Directive 75/442, as amended by               each Member State to which they are addressed.
     Directive 91/156, mean that the plan or plans relating in
     particular to ‘suitable disposal sites or installations’ must
     be drawn up not later than 1 April 1993, or does it mean           Under the first paragraph of Article 10 EC, Member States are
     that they must be drawn up within a reasonable period,             to take all appropriate measures, whether general or particular,
     which may exceed the period prescribed for transposing             to ensure fulfilment of the obligations arising out of the Treaty
     the Directive into national law?                                   or resulting from action taken by the institutions of the
                                                                        Community.
(1) OJ L 194 of 25.7.1975, p. 39.
(2) OJ L 78 of 28.3.1991, p. 32.                                        It is not disputed by the Hellenic Republic that it must adopt
                                                                        measures to comply with the abovementioned directive.
                                                                        The Commission records that until now the Hellenic Republic
                                                                        has not adopted the appropriate measures for the full incorpor-
                                                                        ation of the directive at issue into Greek law or, of course,
                                                                        notified such measures to the Commission.
                                                                        (1) OJ L 320, 28.11.1998, p. 54.
Action brought on 12 June 2002 by the Commission of
the European Communities against the Hellenic Republic
                        (Case C-219/02)
                        (2002/C 191/34)
                                                                        Reference for a preliminary ruling by the Juzgado de lo
                                                                        Social No 3 of Orense by order of that Court of 30 March
                                                                        2002 in the case of Rosa Garcı́a Blanco against Instituto
                                                                        Nacional de la Seguridad Social and Tesoreria General de
                                                                                                 la Seguridad Social
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 12 June
2002 by the Commission of the European Communities,                                                (Case C-225/02)
represented by Maria Patakia and Niels Bertil Rasmussen, of its
Legal Service.
                                                                                                   (2002/C 191/35)
The Commission claims that the Court should:
                                                                        Reference has been made to the Court of Justice of the
—    declare that, by failing to adopt and to notify to the             European Communities by order of the Juzgado de lo Social
     Commission, within the time-limit laid down, the laws,             (Social Court) No 3 of Orense of 30 March 2002, received at