C-81/07 Commission of the European Communities v Hellenic Republic

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: 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.