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 Hellenic Republic (Judgment of the Court (Fifth Chamber)) [2009] EUECJ C-286/08 (10 September 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C28608.html
Cite as: [2009] EUECJ C-286/8, ECLI:EU:C:2009:543, EU:C:2009:543, [2009] EUECJ C-286/08

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Judgment of the Court (Fifth Chamber) of 10 September 2009 – Commission v Greece

(Case C‑286/08)

Failure of a Member State to fulfil obligations – Environment – Directives 2006/12/EC and 91/689/EEC – Hazardous waste – Obligation to draw up and adopt a hazardous-waste management plan – Obligation to establish an integrated and adequate network of disposal installations for hazardous waste – Directive 1999/31/EC – Landfill of waste – Disposal of hazardous waste

1.                     Environment – Hazardous waste – Directives 91/689 and 2006/12 (European Parliament and Council Directive 2006/12, Arts 7 and 9; Council Directive 91/689, Art. 6(1)) (see paras 43, 47)

2.                     Environment – Waste – Directive 2006/12 (European Parliament and Council Directive 2006/12, Arts 4 and 5) (see paras 57-58, 72-74, 76)

Re:

Failure of a Member State to fulfil obligations – Breach of Articles 1(2) and 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ 1991 L 377, p. 20) and Articles 5(1) and (2), 7(1), 4 and 8 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ 2006 L 114, p. 9) (formerly Council Directive 75/442/EEC of 15 July 1975, as amended by Council Directive 91/156/EEC of 18 March 1991) – Breach of Articles 3(1), 6 to 9, 13 and 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) – Failure to draw up a hazardous-waste management plan that accords with the requirements of the Community legislation and to establish an integrated and adequate network of disposal installations for hazardous waste – Failure to fulfil obligations so far as concerns the management and landfill of waste.

Operative part

The Court:

1.

Declares that,

–        by failing to draw up and adopt within a reasonable period a hazardous-waste management plan that accords with the requirements of the relevant Community legislation, and by failing to establish an integrated and adequate network of disposal installations for hazardous waste characterised by the most appropriate methods in order to ensure a high level of protection for the environment and public health,      

–        by failing to take all the necessary measures to ensure, as regards the management of hazardous waste, compliance with Articles 4 and 8 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste and Articles 3(1), 6 to 9, 13 and 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste,

the Hellenic Republic has failed to fulfil its obligations under, first, Articles 1(2) and 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, read in conjunction with Articles 5(1) and (2) and 7(1) of Directive 2006/12, second, Article 1(2) of Directive 91/689, read in conjunction with the provisions of Articles 4 and 8 of Directive 2006/12, and, third, Articles 3(1), 6 to 9, 13 and 14 of Directive 1999/31;

2.

Orders the Hellenic Republic to pay the costs.

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