# C_2013046EN.01000901.xml

| 16.2.2013 | EN | Official Journal of the European Union | C 46/9 |
| --- | --- | --- | --- |

16.2.2013

EN

Official Journal of the European Union

C 46/9

---

Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland

(Case C-374/11) (1)

1

(Failure of a Member State to fulfil obligations - Directive 75/442/EEC - Domestic waste waters discharged through septic tanks in the countryside - Judgment of the Court finding that a Member State has failed to fulfil obligations - Article 260(2) TFEU - Measures to ensure compliance with a judgment of the Court - Financial penalties - Penalty payment - Lump sum)

2013/C 46/15

Language of the case: English

Parties

Parties

Applicant: European Commission (represented by: E. White, acting as Agent)

Applicant:

Defendant: Ireland (represented by: D. O’Hagan and E. Creedon, acting as Agents, A. Collins, SC, and M. Gray, BL)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Non-compliance with the judgment of the Court of 29 October 2009 in Case C-188/08 Commission v Ireland, concerning infringement of Articles 4, 7, 8, 9, 10, 11, 12, 13 and 14 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), as regards domestic waste waters discharged through septic tanks — Waste not covered by other legislation — Application for the imposition of a periodic penalty payment and the payment of a lump sum

Commission

Ireland

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt all of the measures necessary to ensure compliance with the judgment of 29 October 2009 in Case C-188/08 Commission v Ireland establishing that Ireland has failed to fulfil its obligations under Articles 4 and 8 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, Ireland has failed to fulfil its obligations under Article 260(1) TFEU; |
| --- | --- |

1.

Declares that, by failing to adopt all of the measures necessary to ensure compliance with the judgment of 29 October 2009 in Case C-188/08 Commission v Ireland establishing that Ireland has failed to fulfil its obligations under Articles 4 and 8 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, Ireland has failed to fulfil its obligations under Article 260(1) TFEU;

| 2. | Orders Ireland to pay to the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 12 000 for each day of delay in adopting the measures necessary to ensure compliance with the judgment in Case C-188/08 Commission v Ireland, with effect from the date on which judgment is delivered in the present case until the date of full compliance with the judgment in Case C-188/08 Commission v Ireland; |
| --- | --- |

2.

Orders Ireland to pay to the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 12 000 for each day of delay in adopting the measures necessary to ensure compliance with the judgment in Case C-188/08 Commission v Ireland, with effect from the date on which judgment is delivered in the present case until the date of full compliance with the judgment in Case C-188/08 Commission v Ireland;

| 3. | Orders Ireland to pay to the European Commission, into the ‘European Union own resources’ account, the lump sum of EUR 2 000 000; |
| --- | --- |

3.

Orders Ireland to pay to the European Commission, into the ‘European Union own resources’ account, the lump sum of EUR 2 000 000;

| 4. | Orders Ireland to pay the costs. |
| --- | --- |

4.

Orders Ireland to pay the costs.

---

(1)  OJ C 282, 24.9.2011.

1

---