CELEX: C2001/259/03
Language: en
Date: 2001-09-15 00:00:00
Title: Case C-301/01: Action brought on 27 July 2001 by the Commission of the European Communities against the Hellenic Republic

15.9.2001              EN                   Official Journal of the European Communities                                        C 259/3
—     since the French authorities have intended to implement          The Commission also considers that the enactment of a
      the requirements flowing from Article 19(4) of the               transitional period after the date of expiry of the time-limit for
      directive by means of a ‘public information sheet’, it is        transposition of the directive is contrary to the obligations
      imperative for the sheet to include all the matters              under that directive.
      mentioned in that provision as incapable of being kept
      confidential.
                                                                       (1) OJ L 175, 5.7.1985, p. 40.
(1) OJ L 117, 8.5.1990, p. 15.
                                                                       Action brought on 27 July 2001 by the Commission of
                                                                       the European Communities against the Hellenic Republic
Action brought on 27 July 2001 by the Commission of
the European Communities against the Hellenic Republic
                                                                                               (Case C-302/01)
                         (Case C-301/01)
                                                                                               (2001/C 259/04)
                         (2001/C 259/03)
                                                                       An action against the Hellenic Republic was brought before
                                                                       the Court of Justice of the European Communities on 27 July
An action against the Hellenic Republic was brought before             2001 by the Commission of the European Communities,
the Court of Justice of the European Communities on 27 July            represented by Gotz zur Hausen, Legal Adviser, and Panos
2001 by the Commission of the European Communities,                    Panagiotopoulos, a national civil servant on secondment to its
represented by Gotz zur Hausen, Legal Adviser, and Panos               Legal Service.
Panagiotopoulos, a national civil servant on secondment to its
Legal Service.
                                                                       The Commission claims that the Court should:
The Commission claims that the Court should:                           —     declare that, by failing to take the necessary measures to
                                                                             ensure that waste is recovered or disposed of in the
—     declare that, by restricting the extent of public infor-               commune of Epitalio without endangering human health,
      mation to the environmental impact study, laying down                  without risk to water, air, soil and plants and animals and
      a period for public consultation which cannot exceed                   without causing a nuisance through noise or odours, by
      15 days and providing for a transitional period which                  granting a permit for the operation of a waste disposal
      expired in October 1994, the Hellenic Republic has failed              (landfill) site which does not contain the necessary
      to fulfil its obligations under Articles 6 (2) and 12 of               information and by allowing that facility to operate
      Council Directive 85/337/EEC (1) of 27 June 1985 on the                without prior approval of an environmental impact study,
      assessment of the effects of certain public and private                the Hellenic Republic has failed to fulfil its obligations
      projects on the environment;                                           under Articles 4 and 9 of Council Directive
                                                                             75/442/EEC (1) on waste, as amended by Directive
—     order the Hellenic Republic to pay the costs.                          91/156/EEC, and Article 4 (2) of Council Directive
                                                                             85/337/EEC (2) of 27 June 1985 on the assessment of the
                                                                             effects of certain public and private projects on the
                                                                             environment;
Pleas in law and main arguments
                                                                       —     order the Hellenic Republic to pay the costs.
Article 6 (2) of Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environ-
ment provides that all the information gathered by the                 Pleas in law and main arguments
developer is to be made available to the public. Article 2 (2) of
Joint Ministerial Decision 75308/5512/90 provides for public
access to the environmental impact study only and to no other          Article 4 of Directive 75/442/EEC, as amended, provides that
information. The directive also provides that the Member               the Member States are to take the necessary measures to
States are to ensure that the public concerned is given the            protect human health and the environment from the harmful
opportunity to express an opinion before works begin. The              effects of the collection, transport, treatment, storage and
Commission takes the view that the period of 15 days set by            deposit of waste. Article 9 requires in addition that a permit
the joint ministerial decision is not in practice a reasonable         be granted by the competent authorities for every waste
period for the public to express its opinion.                          disposal installation.