Groundwater pollution: Case C-163/03 Commission v Greece

The European Court of Justice pronounced judgement on 14 April in the case of Commission v Greece.

The case concerned the failure by Greece to fulfill its obligations under Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances.

Greece had failed to take the necessary steps to prevent any direct discharge of substances in list I, which are contained within Annex I of the Directive, and to limit any indirect discharge of substances in list II, as set out in Annex II of the Directive. Greece were found to be in breach of both the groundwater Directive, but also the hazardous waste directive (Directive 91/689/EEC).

By failing to take the necessary measures to record and identify hazardous waste in the Thriasio Pedio area of Greece, where discharge of hazardous waste had occurred, and by failing to draw up, either separately or in the framework of their general waste management plans, plans for the management of hazardous waste in the Thriasio Pedio area, Greece had failed to fulfil its obligations under Article 2(1) and 6(1) of the hazardous waste Directive.

The Judgement is currently available in French and Greek though should shortly be available in English at the following link: Curia


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