Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Kingdom of Spain (Judgment of the Court (Second Chamber)) [2008] EUECJ C-480/07 (11 December 2008)
URL: http://www.bailii.org/eu/cases/EUECJ/2008/C44707.html
Cite as: [2008] EUECJ C-480/7, ECLI:EU:C:2008:715, EU:C:2008:715, [2008] EUECJ C-480/07

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Judgment of the Court (Second Chamber) of 11 December 2008 – Commission v Spain

(Case C‑480/07)

Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to have developed, implemented or approved waste reception and handling plans for all ports

1.                     Actions for failure to fulfil obligations – Examination of the 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.                     Environment – Waste – Directive 2000/59 – Ship-generated waste and cargo residues (Art. 249 EC; European Parliament and Council Directive 2000/59, Art. 5(1)) (see paras 17, 21-23)

Re:

Failure of a Member State to fulfil obligations – Infringement of 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 (OJ 2000 L 332, p. 81) – Failure to have developed and/or implemented waste reception and handling plans for all ports under the jurisdiction of the ‘Comunidades Autónomas’.

Operative part

The Court:

1.

Declares that, by failing to develop, implement and approve waste reception and handling plans for all Spanish ports, the Kingdom of Spain 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 Kingdom of Spain to pay the costs.

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