Judgment of the Court (Sixth Chamber) of 4 October 2007 – Commission v Finland
(Case C‑523/06)
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 and implemented waste reception and handling plans for all ports
1.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. 11)
2.Acts of the Community institutions – Directives – Implementation by Member States (Art. 249 EC) (see para. 12)
3.Environment – Waste – Directive 2000/59 – Ship-generated waste and cargo residues (European Parliament and Council Directive 2000/59, Art. 5(1)) (see paras 13-14)
Re:
| Failure of a Member State to fulfil obligations – 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 implemented waste reception and handling plans for all ports in Finland. |
Operative part
The Court:
1. |
| Declares that, by failing to develop and implement waste reception and handling plans for all its ports, the Republic of Finland 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 Republic of Finland to pay the costs. |