Action brought on 21 December 2012 - European Commission v Hellenic Republic
(Case C-600/12)
Language of the case: Greek
Parties
Applicant: European Commission (represented by: M. Patakia and D. Düsterhaus, Agents)
Defendant: Hellenic Republic
Form of order sought
Declare that, by keeping in operation a malfunctioning and full landfill site (located at Griparaiika in the area of Kalamaki on Zakinthos) which does not fulfil all the relevant conditions and requirements of the environmental legislation of the European Union, the Hellenic Republic is failing to fulfil its obligations under Articles 13 and 36(1) of Directive 2008/98/EC
2 on waste and Articles 8, 9, 11(1)(a), 12 and 14 of Directive 1999/31/EC on the landfill of waste. In addition, by renewing the permit for the operation of the landfill site without complying with the procedure that is laid down by Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, the Hellenic Republic has failed to fulfil its obligations under that article.
Order the Hellenic Republic to pay the costs.
Pleas in law and main arguments
The Greek authorities are tolerating the continued operation of a landfill site that is already overfull and have not taken the necessary measures to ensure the requisite increase in the landfill site's capacity (or an alternative means of dealing with the problem) until 31 December 2015 (when the renewed Environmental Conditions expire) or until a new landfill site begins operating on Zakinthos.
The Greek authorities have not taken all the required corrective measures to solve a significant number of problems that have been identified by various inspection reports (25 October 2011, 26 January 2010, 26 October 2009, 11 May 2009, 6 February 2009, 26 August 2008, 13 April 2007, 8 December 2005, 7 January 2005 and 14 December 1999) and tolerate the continued problematic operation of the landfill site in question.
The Greek authorities have not yet drawn up and approved the required conditioning plan for the Zakinthos landfill site and have not submitted an application for renewal of the waste storage permit including a risk assessment plan.
This means that they have not complied with the requirements of Articles 13 and 36(1) of Directive 2008/98/EC on waste and Articles 8, 9, 11(1)(a), 12 and 14 of Directive 1999/31/EC on the landfill of waste.
Also, by the Joint Ministerial Decision of 8 June 2011 the Greek authorities extended the duration of the landfill site's Environmental Conditions (which constitute the basis of the operating permit) until 31 December 2015 without the appropriate assessment of the implications that is required by Article 6(3) of Directive 92/43/EEC having been carried out.
____________1 - OJ 2008 L 312, p. 3.2 - OJ 1999 L 182, p. 1.3 - OJ 1992 L 206, p. 7.