Judgment of the Court (Ninth Chamber) of 2March 2017— Commission v Greece
(Case C‑160/16)(1)
(Failure of a Member State to fulfil obligations— Energy policy— Energy performance of buildings— Directive 2010/31/EU— Article5(2)— Report on cost-optimal levels)
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.258 TFEU)
(see para. 12)
2.Member States— Obligations— Implementation of directives— Failure to fulfil obligations— National system pleaded as justification— Not permissible
(Art.258 TFEU)
(see para. 13)
Operative part
The Court:
1. |
| Declares that, since the Hellenic Republic failed to submit a report on cost-optimal levels, as is laid down in the second subparagraph of Article5(2) of Directive 2010/31/ΕU of the European Parliament and of the Council of 19May 2010 on the energy performance of buildings, as supplemented by Commission Delegated Regulation (EU) No244/2012 (2) of 16January 2012 establishing a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements, the Hellenic Republic has failed to fulfil its obligations under Article5(2) of Directive 2010/31; |
2. |
| Orders the Hellenic Republic to pay the costs. |
1 OJ C251, 11.7.2016.