Judgment of the Court (Seventh Chamber) of 31 January 2008 – Commission v France
(Case C‑147/07)
Failure of a Member State to fulfil obligations – Directives 80/778/EEC and 98/83/EC – Quality of water intended for human consumption – Maximum concentrations of nitrates and pesticides – Incorrect application
1.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. 14)
2.Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the procedure prior to the action (Art. 226 EC) (see paras 18-19)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Article 4 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ 1998 L 330, p. 32) – Failure, in certain | départements | , to remain within the chemical parameters laid down in Annex I, Part B, to Directive 98/83 – Nitrates and pesticides. |
Operative part
The Court:
1. |
| Declares that, by failing to take the measures necessary to comply with Article 4 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, the French Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the French Republic to pay the costs. |