9.2.2015

Official Journal of the European Union

C 46/10

(Case C-378/13) (1)

((Failure of a Member State to fulfil obligations - Directive 75/442/EEC - Waste management - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Article 260(2) TFEU - Financial penalties - Lump sum payment and penalty payment))

(2015/C 046/13)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Patakia, E. Sanfrutos Cano and A. Alcover San Pedro, acting as Agents, acting as Agent(s))

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent, assisted by V. Liogkas, technical expert)

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt all the measures necessary to comply with the judgment in Commission v Greece (C-502/03, EU:C:2005:592), the Hellenic Republic has failed to fulfil its obligations under Article 260(1) TFEU;

2.Orders the Hellenic Republic to pay to the Commission, into the ‘European Union own resources’ account, from the day on which judgment is delivered in the present case until the judgment in Commission v Greece (EU:C:2005:592) has been complied with, in the event that the failure to fulfil obligations established in paragraph 1 of the operative part of the present judgment persists until that day, a six-monthly penalty payment to be calculated, as regards the first six-month period following delivery of the present judgment, at the end of that period, on the basis of an initial amount set at EUR 14520000, from which the sum of EUR 40000 is to be deducted in respect of each uncontrolled waste disposal site, covered by the infringement established, that has by then been closed down or cleaned up since 13 May 2014, and the sum of EUR 80000 is to be deducted in respect of each such site that has by then been both closed down and cleaned up. The penalty payment due in respect of every six-month period thereafter is to be calculated, at the end of each such period, on the basis of the amount of the penalty payment set for the preceding six-month period, from which the same deductions are to be made in respect of the closing down and/or cleaning up of sites, covered by the failure to fulfil obligations established, effected during the six-month period in question;

3.Orders the Hellenic Republic to pay to the Commission, into the ‘European Union own resources’ account, the lump sum of EUR 10 million;

4.Orders the Hellenic Republic to pay the costs.

(1) OJ C 260, 7.9.2013.