Judgment of the Court (Fifth Chamber) of 17 December 2009 – Commission v Greece
(Case C-248/08)
Failure of a Member State to fulfil obligations – Regulation (EC) No 1774/2002 – Articles 4(2)(a) and (c), 5(2)(c), 6(2)(b), 10 to 15, 17, 18 and 26 – Animal by-products – Waste – Burial without prior treatment – Lack of official controls –Plants for the safe management of animal by-products – Operation – Lack of authorisation – Incineration of specified risk materials – No adequate process
1.Actions for failure to fulfil obligations – Action in respect of an administrative practice contrary to Community law – Whether permissible – Conditions (Arts 10 EC, 211 EC and 226 EC) (see paras 21-22, 26-28, 58)
2.Protection of public health – Health rules concerning animal by-products not intended for human consumption – Member States obliged to provide the suitable infrastructure and to adopt all measures necessary in order to comply with those rules – Obligation of result (European Parliament and Council Regulation No 1774/2002, Arts 4(2)(a) and (c), 5(2)(c), 6(2)(b), 10 to 15, 17, 18 and 26) (see paras 34-37, 48-49, 56-59, 66, 68)
Re:
| Failure of a Member State to fulfil obligations – Breach of Articles 4(2), 5(2), 10 to 15, 17, 18 and 26 of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ 2002 L 273, p. 1) – Burial of animal by-products without prior treatment – Lack of official controls. |
Operative part:
The Court:
1. |
| Declares that, by not correctly applying and imposing Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, in so far as it regards burial in landfills without prior treatment, lack of official controls, authorisation of plants for the management of animal by-products and incineration of specified risk materials, the Hellenic Republic has failed to fulfil its obligations under Articles 4(2)(a) and (c), 5(2)(c), 6(2)(b), 10 to 15, 17, 18 and 26 of Regulation No 1774/2002; |
2. |
| Orders the Hellenic Republic to pay the costs. |