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Judgment of the Court (Second Chamber) of 11 December 2008. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 2000/59/EC - Port reception facilities for ship-generated waste and cargo residues - Failure to have developed, implemented or approved waste reception and handling plans for all ports. # Case C-480/07.
ECLI:EU:C:2008:715
62007CJ0480
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(Case C‑480/07)
Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to have developed, implemented or approved waste reception and handling plans for all ports
Re:
Failure of a Member State to fulfil obligations – Infringement of 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 (OJ 2000 L 332, p. 81) – Failure to have developed and/or implemented waste reception and handling plans for all ports under the jurisdiction of the ‘Comunidades Autónomas’.
Operative part
The Court:
1.Declares that, by failing to develop, implement and approve waste reception and handling plans for all Spanish ports, the Kingdom of Spain 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 Kingdom of Spain to pay the costs.