Judgment of the Court (Fifth Chamber) of 19 April 2007 – Commission v Spain
(Case C‑219/05)
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Pollution and nuisance – Treatment of urban waste water – Agglomeration of Sueca, its coastal districts and certain municipalities of La Ribera – Discharge in a sensitive area without treatment
1.Environment – Treatment of urban waste water – Directive 91/271 – Implementation by Member States (Art. 226 EC; Council Directive 91/271, Arts 3(1), second para., 4(4), and 5(2) (see paras 19-20, 23-28)
2.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. 22)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Articles 3, 4 and 5(2) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40) – Urban waste water of Sueca, its coastal agglomerations and certain municipalities of La Ribera – Discharge in a sensitive area without adequate treatment. |
Operative part
The Court:
1. |
| Declares that, by failing to take the measures necessary to ensure that, by 31 December 1998, the urban waste water of the agglomeration of Sueca, its coastal districts (El Perelló, Les Palmeres, Mareny de Barrequetes, Playa del Rey and Boga de Mar) and also certain municipalities of the region of La Ribera (Benifaió, Sollano and Almussafes) is treated appropriately before being discharged in an area declared sensitive, the Kingdom of Spain has failed to fulfil its obligations under the second paragraph of Article 3(1) and Article 5(2) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the latter provision being read together with Article 4(4) of that directive; |
2. |
| Orders the Kingdom of Spain to pay the costs. |