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) >> European Commission v Hellenic Republic (Judgment of the Court (Sixth Chamber)) [2010] EUECJ C-512/09 (15 July 2010)
URL: http://www.bailii.org/eu/cases/EUECJ/2010/C51209.html
Cite as: [2010] EUECJ C-512/09, ECLI:EU:C:2010:442, EU:C:2010:442, [2010] EUECJ C-512/9

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Judgment of the Court (Sixth Chamber) of 15 July 2010 – Commission v Greece

(Case C-512/09)

Failure of a Member State to fulfil obligations – Directive 2006/66/EC – Batteries and accumulators and waste batteries and accumulators – Failure to transpose within the prescribed period

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. 258 TFEU; European Parliament and Council Directive 2006/66) (see paras 7-10)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ 2006 L 266, p. 1).

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 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC, the Hellenic Republic has failed to fulfil its obligations under that directive;

2.

Orders the Hellenic Republic to pay the costs of the proceedings.

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