The European Commission is proposing a fine of nearly €16 million and the referral of Greece back to the Court of Justice of the EU over persistent poor waste water treatment.

In 2004 the Court of Justice of the EU ruled that Greece was violating EU law by not adequately collecting and treating waste water discharged into the Gulf of Elefsina.  Eleven years later, the EC says that Greece has still not managed to adequately address this problem and that the lack of adequate treatment systems in the area of Thriasio Pedio poses risks to human health, to inland waters and the marine environment.

The Commission is asking the Court of Justice of the EU to impose a lump sum from the date of the first judgment until the Member State has rectified the infringement or in the absence of compliance until the date of the second judgment. Based on a daily amount multiplied by the number of days the infringement persists, this is leading, up to now, to a sum of €15,943,620.

The Commission is also proposing a daily fine of €34,974, which would be paid from the date of the Court ruling until Greece fully complies with EU law. The Commission said the proposed penalties under the Lisbon Treaty take into account the seriousness of the infringement, its duration, and the deterrent effect reflecting the ability to pay of the Member State. The final decision on the penalties rests with the Court.

Despite some progress, only 28 % of the urban waste water is collected and treated before being discharged into the Gulf of Elefsina. The collection rate has almost not improved since July 2012 when the waste water treatment facility started operating.

In view of this continued infringement, and in the absence of any indication as to when this will come to an end, the Commission has now decided to refer the case back to the Court of Justice of the EU.

In a similar case, on 15 October 2015, the Court condemned Greece to pay penalties for failing in its obligation to comply with a 2007 judgment concerning the treatment of urban waste water (non-compliance in 23 agglomerations). In that case, the Court decided that Greece should pay a fixed sum of €10 million and a sliding-scale periodic fine of €20,000 per day.

The EC has also highlighted the fact that proper waste water treatment is also an important factor in ensuring a thriving tourist industry, which is a key sector for the Greek economy.