Judgment of the Court (Third Chamber) of 13 March 2008 – Commission v Greece

(Case C‑81/07)

Failure of a Member State to fulfil obligations – Environment – Directive 2000/59/EC – Waste reception and handling plans for ship-generated waste

1.                     Actions for failure to fulfil obligations – Examination of 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.                     Acts of the institutions – Directives – Implementation by Member States – Need to ensure that directives are effective – Need for clear and precise transposition (Art. 249 EC) (see paras 17, 19)

3.                     Environment – Waste – Directive 2000/59 – Ship-generated waste and cargo residues (European Parliament and Council Directive 2000/59, Art. 5(1) and (3)) (see paras 20-21, 28, operative part)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, all the provisions necessary to comply with 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 – Commission declaration (OJ 2000 L 332, p. 81).

Operative part

The Court:

1.

Declares that, by failing to develop, implement and approve waste reception and handling plans for ship-generated waste and cargo residues, the Hellenic Republic 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 Hellenic Republic to pay the costs.