22.2.2014

Official Journal of the European Union

C 52/30

(Case C-677/13)

2014/C 52/55

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Patakia and E. Sanfrutos Cano)

Defendant: Hellenic Republic

Form of order sought

The applicant claims that the Court should:

—declare that the Hellenic Republic,

—by not taking the necessary measures to ensure that (a) waste management at the Kiato landfill site is carried out without endangering human health and without harming the environment and (b) the abandonment, dumping or uncontrolled management of waste at said landfill site is prohibited,

—by tolerating the operation of the said landfill site without agreed environmental conditions and a valid permit which comply with the prerequisites for the issue of such a permit and its content, and consequently not ensuring that only waste that has been subject to treatment is landfilled, the holder of the waste or the operator of the said landfill site not being able to show before or at the time of delivery that the waste in question can be accepted at that landfill site according to the conditions set out in the permit, and that it fulfils the acceptance criteria set out in Annex II,

—by not ensuring that monitoring and control procedures during the operational phase meet the minimum legal requirements,

has failed to fulfil its obligations under Articles 13, 23 and 36(1) of Directive 2008/98/EC (1) on waste and Article 6 (subparagraph (a)), Article 8, Article 9 (subparagaphs (a) (b) and (c)), Article 11(1) (subparagraph (a)) and Article 12 of Directive 99/31/EC (2) on the landfill of waste;

—order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

1.The Greek authorities continue to tolerate the Kiato landfill site without agreed environmental conditions and without the appropriate permit (infringement of Article 23 of Directive 2008/98/EC and Articles 8 (particularly subparagraph (a)) and 9 (subparagraphs (a), (b) and (c)) of Directive 99/31/EC. Because of the absence of that permit, the Hellenic Republic is consequently not in a position to meet the obligations which stem from Article 6, subparagraph (a), and Article 11(1), (subparagraph (a)) of Directive 99/31/EC.

The inspections which were carried out on 24 October 2007, 3 November 2011 and 31 July 2012 revealed some substantial problems of malfunctioning at the Kiato landfill site and the overfilling of the site. There is a clear infringement of Articles 13 and 36(1) of Directive 2008/98/EC and Articles 8, 9, and 12 of Directive 99/31/EC.

(1) OJ 2008 L 312, p. 3.

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