Judgment of the Court (Fourth Chamber) of 15 October 2015 — European Commission v Hellenic Republic
(Case C-167/14) 1
(Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Lump sum payment and penalty payment)
Language of the case: Greek
Parties
Applicant: European Commission (represented by: G. Zavvos and E. Manhaeve, acting as Agents)
Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)
Operative part of the judgment
The Court:
Declares that, by failing to take all the necessary measures to comply with the judgment in Commission v Greece (C-440/06, EU:C:2007:642), the Hellenic Republic has failed to fulfil its obligations under Article 260(1) TFEU;
If the failure to fulfil obligations found in point 1 has continued until the day of delivery of the present judgment, orders the Hellenic Republic to pay to the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 3 640 000 for each six-month period of delay in implementing the measures necessary to comply with the judgment in Commission v Greece (C-440/06, EU:C:2007:642), from the date of delivery of the present judgment until the judgment in Commission v Greece (C-440/06, EU:C:2007:642) has been complied with in full, the actual amount of which must be calculated at the end of each six-month period by reducing the total amount relating to each of those periods by a percentage corresponding to the proportion that the number of population equivalents of the agglomerations whose urban waste water treatment and collection systems have been rendered compliant with the judgment in Commission v Greece (C-440/06, EU:C:2007:642) at the end of the period in question bears to the number of population equivalents of the agglomerations not having such systems on the day of delivery of the present judgment;
Orders the Hellenic Republic to pay to the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 10 million;
Orders the Hellenic Republic to pay the costs.
____________1 OJ C 261, 11.8.2014.