Document ID: docfile:0669448c-f7bb-40d6-9d4d-8eaf56ab02ee
Source Database: eurlex_case_law
Source URL: https://eur-lex.europa.eu/legal-content/AUTO/?uri=CELEX:62007CJ0081&qid=1741621016522&rid=23554
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.
Date: 2008-03-13T01:00:00.000+01:00
Metadata: {"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.", "celex": "62007CJ0081", "date_of_document": "2008-03-13T00:00:00.000Z", "ecli": "ECLI:EU:C:2008:172", "author": "Court of Justice", "form": "Judgment"}

# **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: 

    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;

    Orders the Hellenic Republic to pay the costs.