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C-480/07 Commission of the European Communities v Kingdom of Spain

Fecha
Dic 11, 2008
Fuente
UNEP, InforMEA
Nombre del tribunal
CJEU - Judgment of the Court (Second Chamber) of 11 December 2008
Resumen
Judgment of the Court (Second Chamber) of 11 December 2008 – Commission v Spain (Case C-480/07) Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to have developed, implemented or approved waste reception and handling plans for all ports 1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 16) 2. Environment – Waste – Directive 2000/59 – Ship-generated waste and cargo residues (Art. 249 EC; European Parliament and Council Directive 2000/59, Art. 5(1)) (see paras 17, 21-23) Re: Operative part The Court: 1. Declares that, by failing to develop, implement and approve waste reception and handling plans for all Spanish ports, the Kingdom of Spain has failed to fulfil its obligations under Articles 5(1) and 16(1) of Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues; 2. Orders the Kingdom of Spain to pay the costs.
Texto completo
eur-lex.europa.eu