Commission of the European Communities v Hellenic Republic

The Commission brought action against Greece for failing to take measures for pollution prevention and control. The allegation was that Greece failed within the prescribed period to adopt laws, regulations and administrative measures necessary to comply with Council Directive 96/61/EC of 24 September 1996 concerning Integrated Pollution Prevention and Control, or alternatively to communicate the same to the Commission. The Greek Government responded that the transposition of Directive 96/61 into national laws was to be effected in two stages, was under way and should be completed before the end of 2001. The court held that it was settled case-law that the question whether a Member State has failed to fulfill its obligations had to be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion. In the present case, it was common ground that the Hellenic Republic had not adopted the measures necessary in order to comply with the reasoned opinion within the period prescribed for that purpose. The action brought by the Commission therefore had to be regarded as well founded. The Hellenic Republic had breached its obligations under the Directive by failing to adopt the laws, regulations and administrative measures necessary to comply with Council Directive 96/61/EC of 24 September 1996 concerning Integrated Pollution Prevention and Control.