Article 228 EC (ex Article 171 of the EC Treaty) provides for the possibility of imposing a pecuniary sanction on a Member State which has failed to take the necessary measures to comply with a judgment of the Court of Justice which establishes that a Member State has failed to fulfil its obligations.
It is for the Commission to initiate the procedure provided for by Article 228 EC (ex Article 171) and, if necessary, to bring the case before the Court of Justice; in so doing, the Commission is to specify the amount of the lump sum or penalty payment to be paid by the Member State according to the circumstances.
Determination of the amount of the pecuniary sanction depends on the gravity and duration of the infringement as well as on the need to ensure its deterrent effect.
Several actions seeking the imposition of a penalty payment have already been brought before the Court of Justice against various Member States. One of them was removed from the register and another was withdrawn.
Three of that type of case are currently pending before the Court of Justice (one against France and another case against Greece).
The first hearing concerning that type of case is to be held on 29 June in Case C-387/97. The Commission brought its action in November 1997, claiming that the Court should declare that, by not taking the necessary measures to comply with the judgment of the Court of Justice in Case C-45/91 Commission v Greece, the Hellenic Republic had failed to fulfil its obligations under Article 228 EC (ex Article 171). The Commission complained that the Hellenic Republic had still not drawn up and applied the plans and programmes necessary for the disposal of waste, specifically toxic waste, in the district of Chania, the requirement being that such disposal should not endanger human health or harm the environment.
The Commission requested the Court to impose on the Hellenic Republic a penalty payment of ECU 24 600 per day, with effect from notification to the Hellenic Republic of the Court's judgment in that case.
A plenary session of the Court of Justice on 29 June 1999 will hear the arguments of the parties.
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For further information please contact Ms Estella Cigna, Tel: (352) 43 03 2582 fax: (352) 43 03 2674.