Failure of a Member State to fulfil obligations Directive 2000/59/EC Port reception facilities for ship generated waste and cargo residues Failure to develop and implement waste reception and handling plans for all ports
Sumário
Judgment of the Court (Fifth Chamber) of 6 December 2007.
Commission of the European Communities v French Republic.
Failure of a Member State to fulfil obligations - Directive 2000/59/EC - Port reception facilities for ship-generated waste and cargo residues - Failure to develop and implement waste reception and handling plans for all ports.
Case C-106/07.
Texto da decisão
Judgment of the Court (Fifth Chamber) of 6 December 2007 – Commission v France
(Case C‑106/07)
Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to develop and implement waste reception and handling plans for all ports
Actions for failure to fulfil obligations – Examination of 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)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with 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 (OJ 2000 L 332, p. 81). |
Operative part
The Court:
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Declares that, by failing to develop and implement, within the prescribed period, waste reception and handling plans for all its ports, the French Republic 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; |
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Orders the French Republic to pay the costs. |