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Document 62006CJ0305

Judgment of the Court (Fifth Chamber) of 11 September 2008.
Commission of the European Communities v Hellenic Republic.
Failure of a Member State to fulfil obligations - Combined transport of goods between the Member States - Directive 92/106/EEC - Final road haulage leg forming an integral part of a combined transport operation - Nearest suitable railway station.
Case C-305/06.

European Court Reports 2008 I-00123*

ECLI identifier: ECLI:EU:C:2008:486





Judgment of the Court (Fifth Chamber) of 11 September 2008 – Commission v Greece

(Case C‑305/06)

Failure of a Member State to fulfil obligations – Combined transport of goods between the Member States – Directive 92/106/EEC – Final road haulage leg forming an integral part of a combined transport operation – Nearest suitable railway station

1.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission – Presumptions – Not permissible (Art. 226 EC) (see para. 41)

2.                     Actions for failure to fulfil obligations – Application initiating proceedings – Statement of subject-matter and pleas in law – Formal requirements – Unambiguous wording of the form of order sought by the applicant (Art. 226 EC; Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of First Instance, Art. 38(1)(c)) (see para. 47)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 2 and 4 of Council Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States (OJ 1992 L 368, p. 38) – Final road haulage leg forming an integral part of a combined transport operation – Requirement of a Greek road transport authorisation.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders the Commission of the European Communities to pay the costs.

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