C-161/95

JUDGMENT OF 28. 3.1996 — CASE C-161/95

J U D G M E N T O F T H E COURT (Fifth Chamber) 28 March 1996 *

In Case C-161/95,

Commission of the European Communities, represented by Maria Kontou- Durande, of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, also of its Legal Service, Wagner Centre, Kirchberg,

applicant,

ν

T H E COURT (Fifth Chamber),

composed of: D. A. O. Edward, President of the Chamber, J.-P. Puissochet, C. Gulmann, P. Jann and L. Sevón (Rapporteur), Judges,

Advocate General: N . Fennelly, Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 1 February 1996,

gives the following

3 Since the Commission received no notification of implementing measures adopted by the Hellenic Republic and possessed no other information to support a conclu- sion that that Member State had fulfilled its obligations in that respect, it gave the Greek Government formal notice, by letter of 9 August 1993, to submit its obser- vations within two months, in accordance with the first paragraph of Article 169 of the Treaty.

4 Since it received no reply to its letter, the Commission sent a reasoned opinion to the Hellenic Republic on 25 May 1994 calling upon it to adopt within two months the measures required to comply with that opinion. In the absence of any response from the Greek authorities to the reasoned opinion, and forming the view that the Greek Government had failed to adopt within the period prescribed the measures necessary to comply with its obligations, the Commission brought the present proceedings.

5 Referring to Article 19 of Directive 91/271 and also to the first paragraph of Arti- cle 5 and the third paragraph of Article 189 of the Treaty, the Commission main- tains in its application that the Hellenic Republic was under a duty to adopt the necessary measures to comply with the directive within the prescribed period and that, by failing to do so, it had failed to fulfil its obligations.

6 Although the Hellenic Republic contends that the application should be dismissed, it does not deny that the directive has not been transposed into national law within the prescribed period. It merely points out that a draft ministerial order, which inter alia transposes Directive 91/271 into Greek legislation, will shortly be signed by the ministers jointly responsible. The reason for the delay, according to the Hellenic Republic, is the fact that transposition of the directive into Greek legis- lation is part of the comprehensive review of the existing laws governing the treat- ment of waste.

O n those grounds,

T H E C O U R T (Fifth Chamber)

hereby:

1. Declares that, by not adopting within the period prescribed the laws, regu­ lations and administrative measures necessary to comply with Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treat­ ment, the Hellenic Republic has failed to fulfil its obligations under Article 19 of that directive;

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JUDGMENT OF 28. 3.1996 — CASE C-161/95

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