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13.8.2011 |
EN |
Official Journal of the European Union |
C 238/11 |
Action brought on 14 June 2011 — European Commission v Hellenic Republic
(Case C-297/11)
2011/C 238/16
Language of the case: Greek
Parties
Applicant: European Commission (represented by: I. Chatzigiannis and A. Margelis, Agents)
Defendant: Hellenic Republic
Form of order sought
The Commission requests that the Court:
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declare that the Hellenic Republic, by not having produced river basin management plans (either for those river basin districts falling wholly within its territory or for international river basin districts) by 22 December 2009, and by not having sent copies of the river basin management plans to the Commission by 22 March 2010, failed to fulfil its obligations under Articles 13(1), (2), (3) and (6) and 15(1) of Directive 2000/60/EC (1) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy. Further, by not having commenced a procedure for public information and the related consultations in connection with the draft river basin management plans by 22 December 2008, the Hellenic Republic failed to fulfil its obligations under Article 14(1)(c) of that directive; |
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order the Hellenic Republic to pay the costs. |
Pleas in law and main arguments
First, under Articles 13(1), (2), (3) and (6) and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Member States were obliged to produce, by 22 December 2009, river basin management plans (either for those river basin districts falling wholly within their territory or for international river basin districts) and to send copies of those plans to the Commission by 22 March 2010.
On the information currently provided by the Hellenic Republic to the Commission it appears that the Hellenic Republic has not yet produced any river basin management plan (either for those river basin districts falling wholly within its territory or for international river basin districts) and consequently has not sent any copy to the Commission. The Commission therefore considers that the Hellenic Republic failed to fulfil both its obligations under Article 13(1), (2), (3) and (6) of the directive and its obligations under Article 15(1) of the directive.
Secondly, under Article 14(1)(c) of the directive, Member States were obliged to make available the draft river basin management plans for public consultation by no later than 22 December 2008.
On the information currently provided by the Hellenic Republic to the Commission, it appears that the procedure concerned has not yet commenced. The Commission therefore considers that the Hellenic Republic failed to fulfil its obligations under Article 14(1)(c) of the directive.