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	Číslo (Kód CELEX): Number (CELEX Code):		61991J0045

	Název: Title:		ECJ Judgment of 7 April 1992 Case C-45/91 Commission of the European Communities v Hellenic Republic Proceeding concerning failure by Member States [1992] ECR I-2509

	Publikace: Publication:

	Předmět (klíčová slova): Keywords

	Související předpisy: Corresponding acts:

	Odkaz na souvisejicí judikáty: Corresponding Judgements:


	Plný text: Fulltext:		Ne

Fakta:
Council Directive 75/442/EEC
Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39; further on ”waste directive”)
and Council Directive 78/319/EEC
Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (OJ 1978 L 84, p. 43; further
on ”dangerous and toxic waste directive”)
aimed at harmonizing national laws with regard to the disposal of certain waste imposed on Member States the obligation to adopt certain measures within a period of 24 months from notification. According to Article 145 of the Act of Accession, the directives entered into force in Greece on 1 January 1981.
The Commission, having become aware of problems caused by the disposal of waste in the district of Chania in Crete (Greece), on 27 January 1988 asked the Greek Government in a letter to explain that situation. That letter referred in particular to the waste directive.
Having received an unsatisfactory reply, the Commission sent the Hellenic Republic a letter of formal notice on 26 April 1989, in which it stated, that, contrary to its obligations, Greece had not fully complied with the directives, whereby various provisions of both the waste directive and the toxic and dangerous waste directive had been violated.
Following the reply of the Greek authorities of 4 August 1989, stating that a delay had been caused by the opposition of the population of Chania, and that the authorities envisaged the implementation a large variety of measures by which the obligations stemming from both directives would be met, the Commission issued a reasoned opinion on 5 March 1990, in which it stated its view that, having regard to that reply, the Greek authorities had not fulfilled their obligations under the Treaty since they were still in the process of preparing the necessary measures to comply with the directives in the area concerned. The Hellenic Republic did not reply to that reasoned opinion.
On 28 January 1991, claiming that the Greek authorities had not undertaken the measures necessary to comply with provisions of both directives, the Commission brought an action before the Court for a declaration that the Hellenic Republic had failed to fulfill her obligations under the EEC Treaty (Article 226 EEC Treaty)(ex Art. 169).

Názor soudu a komentář:
Before turning to the substance of the issue, the Court had to address the opinion of the Greek Government, which regarded the action of the Commission to be inadmissible in so far as it concerned the failure to comply with the toxic and dangerous waste directive, because the Commission’s letter of 27 January 1988 had only referred to the waste directive. The Court, although conceding that Article 42 (2) of the Rules of Procedure of the Court permits new pleas in law to be raised in the course of the proceedings only where they are based on matters of law or of fact which come to light in the course of the procedure, does not regard the first letter to limit the admissibility of the action. It argues that this letter ”in no way constituted a letter of formal notice within the meaning of the first paragraph if Article 169 of the Treaty.” However, the letter giving formal notice (26 April 1989) ”refers to the infringement of both the toxic and dangerous directive and the waste directive”. The Court thereby shows that it is that particular letter which, under procedural rules, determines the admissibility of pleas.
As regards the substance of the case, the Court considers unacceptable the argument of the Greek Republic, that several preparatory measures had been undertaken between 1989 and 1991 in the area concerned, and that the implementation of the planned programme has been suspended because of opposition of the population. The Court points at its jurisprudence which has consistently held, ”that a Member State may not plead domestic difficulties, such as difficulties of implementation which emerge at the stage when a Community measure is put into effect, to justify a failure to comply with obligations and time-limits laid down by Community law.” Therefore, in failing to implement all regulations of the waste directive and of the toxic and dangerous waste directive, the Hellenic Republic has failed to fulfill its obligations.

Shrnutí (Summary of the Judgment):

Plný text judikátu (Entire text of the Judgment):