# C_2005271EN.01000201.xml

| 29.10.2005 | EN | Official Journal of the European Union | C 271/2 |
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29.10.2005

EN

Official Journal of the European Union

C 271/2

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 8 September 2005

in Case C-121/03: Commission of the European Communities v Kingdom of Spain (1)

1

(Failure of a Member State to fulfil obligations - Directives 75/442/EEC and 91/156/EEC - Meaning of ‘waste’ - Directives 85/337/EEC and 97/11/EC - Assessment of the effects of certain public and private projects on the environment - Directive 80/68/EEC - Protection of groundwater against pollution caused by certain dangerous substances - Directive 80/778/EEC - Quality of water intended for human consumption)

(2005/C 271/03)

Language of the case: Spanish

In Case C-121/03: Action under Article 226 EC for failure to fulfil obligations, brought on 19 March 2003, by Commission of the European Communities (Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Díaz Abad) — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, J.P. Puissochet (Rapporteur), S. von Bahr, U. Lõhmus and A. Ó Caoimh, Judges; C. Stix-Hackl, Advocate General; M. Ferreira, Principal Administrator, gave a judgment on 8 September 2005, in which it:

| 1. | Declares that, by failing to carry out, prior to the construction of the pig farms in the Baix Ter area or their alteration, an impact assessment, contrary to the requirements of Articles 2 and 4(2) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, and by exceeding, in various public water distribution networks in the Baix Ter area, the maximum admissible concentration for the nitrates parameter laid down in point 20 of Annex IC to Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption, contrary to Article 7(6) of that directive, the Kingdom of Spain has failed to fulfil its obligations under those directives; |
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1.

Declares that, by failing to carry out, prior to the construction of the pig farms in the Baix Ter area or their alteration, an impact assessment, contrary to the requirements of Articles 2 and 4(2) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, and by exceeding, in various public water distribution networks in the Baix Ter area, the maximum admissible concentration for the nitrates parameter laid down in point 20 of Annex IC to Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption, contrary to Article 7(6) of that directive, the Kingdom of Spain has failed to fulfil its obligations under those directives;

| 2. | Dismisses the remainder of the action; |
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2.

Dismisses the remainder of the action;

| 3. | Orders the Kingdom of Spain to pay two thirds of all the costs and the Commission of the European Communities to bear the other third. |
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3.

Orders the Kingdom of Spain to pay two thirds of all the costs and the Commission of the European Communities to bear the other third.

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(1)  OJ C 135 of 07.06.2003.

1

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