Judgment of the Court (Third Chamber) of 10 December 2009 – Commission v United Kingdom
(Case C-390/07)
Failure of a Member State to fulfil obligations – Environment – Directive 91/271/EEC – Urban waste water treatment – Article 3(1) and (2), Article 5(1) to (3) and (5) and Annexes I and II – Initial failure to identify sensitive areas – Concept of ‘eutrophication’ – Criteria – Burden of proof – Relevant date when considering the evidence – Implementation of collection obligations – Implementation of more stringent treatment of discharges into sensitive areas
1.Environment – Urban waste-water treatment – Directive 91/271 – Identification of sensitive areas with respect to eutrophication –Eutrophication – Definition (Council Directive 91/271, Arts 2(11) and 5(1)) (see paras 26-29, 33-38)
2.Environment – Urban waste-water treatment – Directive 91/271 – Identification of sensitive areas with respect to eutrophication – Member States obliged to gather the data necessary for that identification (Arts 10 EC, 211 EC and 226 EC; Council Directive 91/271, Art. 5(1) and Annex II) (see paras 32, 39, 42-46, 355)
3.Actions for failure to fulfil obligations – Examination of the 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; Council Directive 91/271, Art. 5(1), Annex II, (a)) (see paras 50-63)
4.Environment – Urban waste-water treatment – Directive 91/271 – More stringent treatment of discharges of urban waste water from agglomerations with a population equivalent of more than 10 000 (Council Directive 91/271, Art. 5(2), (3) and (5), and Annex IB) (see paras 347, 357, operative part 1)
Re:
| Failure of a Member State to fulfil obligations – Articles 3(1) and (2) and 5(1) to (3) and (5) of, and Annex II to, Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p.40) – Failure to identify certain areas as sensitive areas with respect to eutrophication and to subject urban waste water from agglomerations with a population equivalent of more than 10000 to more stringent treatment where it is discharged into sensitive areas or areas which should have been identified as sensitive. |
Operative part
The Court:
1. |
| Declares that, by failing to subject discharges of urban waste water from Craigavon (Ballynacor and Bullay’s Hill treatment plants) and Magherafelt to more stringent treatment, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 5(2), (3) and (5) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment; |
2. |
| Dismisses the remainder of the action; |
3. |
| Orders the European Commission to pay the costs of the United Kingdom of Great Britain and Northern Ireland; |
4. |
| Orders the Portuguese Republic to bear its own costs. |