Judgment of the Court (Sixth Chamber) of 23 November 2006 – Commission v Luxembourg
(Case C-452/05)
Failure of a Member State to fulfil obligations – Pollution and nuisance – Urban waste-water treatment
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 11)
Re:
| Failure of a Member State to fulfil obligations – Incorrect application of Article 5(4) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40). |
Operative part:
The Court:
1. |
| Declares that, by being unable to prove that the minimum percentage of reduction of the overall load entering all water-treatment plants is at least 75% for total nitrogen, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 5(4) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment; |
2. |
| Orders the Grand Duchy of Luxembourg to pay the costs. |