Commission of The European Communities v Kingdom of Spain: ECJ 11 Dec 2008

ECJ (Judgment Of The Court (Second Chamber)) 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:
Failure of a Member State to fulfil obligations – Infringement of 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 (OJ 2000 L 332, p. 81) – Failure to have developed and/or implemented waste reception and handling plans for all ports under the jurisdiction of the ‘Comunidades Autonomas’.

C-480/07, [2008] EUECJ C-480/07
Bailii

European

Updated: 04 December 2021; Ref: scu.526339