9.3.2015

Official Journal of the European Union

C 81/7

Action brought on 18 December 2014 — Commission v Hellenic Republic

(Case C-584/14)

(2015/C 081/09)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Patakia and D. Loma-Osorio Lerena, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

The Commission claims that the Court should:

—	Declare that the Hellenic Republic, by failing to take the necessary measures to comply with the judgment delivered by the Court on 10 September 2009 in Case C-286/08 Commission v Greece, failed to fulfil its obligations under Article 260(1) TFEU;

—

Order the Hellenic Republic to pay to the Commission a proposed penalty payment of EUR 72 864,00 for each day of delay in complying with the judgment delivered in Case C-286/08, from the date of delivery of judgment in the present case until the date of full compliance with the judgment in Case C-286/08;

—

Order the Hellenic Republic to pay to the Commission a daily lump sum of EUR 8 096,00 for each day from the date of delivery of the judgment in Case C-286/08 until the date of delivery of the judgment in the present case, or until the date upon which the judgment in Case C-286/08 has been complied with, if earlier;

—	order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In its judgment delivered on 10 September 2009 in Case C-286/08 Commission v Greece, ruled as follows:

‘The Court:

Declares that the Hellenic Republic,

—

by failing to draw up and adopt within a reasonable period a hazardous-waste management plan that accords with the requirements of the relevant Community legislation, and by failing to establish an integrated and adequate network of disposal installations for hazardous waste characterised by the most appropriate methods in order to ensure a high level of protection for the environment and public health, and

—

by failing to take all the necessary measures to ensure, as regards the management of hazardous waste, compliance with Articles 4 and 8 of Directive 2006/12/EC (1) of the European Parliament and of the Council of 5 April 2006 on waste and Articles 3(1), 6 to 9, 13 and 14 of Council Directive 1999/31/EC of 26 April 1999 (2) on the landfill of waste, failed to fulfil its obligations under, first, Articles 1(2) and 6 of Council Directive 91/689/EEC (3) of 12 December 1991 on hazardous waste, read in conjunction with Articles 5(1) and (2) and 7(1) of Directive 2006/12, second, Article 1(2) of Directive 91/689, read in conjunction with the provisions of Articles 4 and 8 of Directive 2006/12, and, third, Articles 3(1), 6 to 9, 13 and 14 of Directive 1999/31.

2.	Orders the Hellenic Republic to pay the costs.’

The Commission initiated an infringement procedure against the Hellenic Republic in relation to its compliance with the abovementioned judgment of the Court on the basis of Article 260 TFEU. On the basis of the information provided by the Hellenic Republic and in particular, according to the data for 2009, which was submitted to the Commission with the reply of 16 May 2011, it appears that the total production of hazardous waste for 2011 amounts to 1 84 863,50 tonnes, that the historical waste is in the order of 3 23 452,40 tonnes and that exports amount to 5 147,40 tonnes. It follows from the above that there has been no compliance with the judgment of the Court in Case С-286/08, seven or more years after its delivery.

The Commission consequently brings proceedings before the Court, in accordance with Article 260(2) TFEU, which provides that, where the Commission brings a case before the Court when a Member State has not taken the necessary measures to comply with a judgment of the Court within the period defined by the Commission, then the Commission is to specify the amount of the penalty payment and/or lump sum which it considers should be paid by the Member State, and which the Commission considers appropriate in the circumstances. The final decision on the imposition of the penalties provided for by Article 260 TFEU is to be taken by the Court, which in this case has unlimited jurisdiction.

The Commission, applying the criteria which it set out in its Communication of 13/12/2005 (as updated on 17/09/2014) on the application of Article 260 TFEU, claims that the Court should declare that the Hellenic Republic, by failing to take the necessary measures to comply with the judgment delivered by the Court on 10 September 2009 in Case C-286/08 Commission v Greece, failed to fulfil its obligations under Article 260(1) TFEU, order the Hellenic Republic to pay to the Commission a proposed penalty payment of EUR 72 864,00 for each day of delay in complying with the judgment in Case C-286/08, from the date of delivery of judgment in the present case until the date of full compliance with the judgment in Case C-286/08, order the Hellenic Republic to pay to the Commission a daily lump sum of EUR 8 096,00 for each day from the date of delivery of the judgment in Case C-286/08 until the date of delivery of the judgment in the present case, or until the date upon which the judgment in Case C-286/08 has been complied with, if earlier, and order the Hellenic Republic to pay the costs.

(1) OJ L 114, 27.4.2006, p. 9.

(2) OJ L 182, 16.7. 1999, p. 1.

(3) OJ L 377, 31.12.1991, p 20.