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 (Sixth Chamber)) [2009] EUECJ C-368/08 (19 May 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C36808.html
Cite as: ECLI:EU:C:2009:326, [2009] EUECJ C-368/8, EU:C:2009:326, [2009] EUECJ C-368/08

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Judgment of the Court (Sixth Chamber) of 19 May 2009 – Commission v Greece

(Case C‑368/08)

Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Remedying of environmental damage – ‘Polluter pays’ principle

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. 9)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.

Operative part

The Court:

1.

Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Hellenic Republic has failed to fulfil its obligations under Article 19(1) of that directive;

2.

Orders the Hellenic Republic to pay the costs.

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