# C_2005205EN.01000901.xml

| 20.8.2005 | EN | Official Journal of the European Union | C 205/9 |
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20.8.2005

EN

Official Journal of the European Union

C 205/9

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Action brought on 14 June 2005 by Commission of the European Communities against Ireland

(Case C-248/05)

(2005/C 205/17)

Language of the case: English

An action against Ireland was brought before the Court of Justice of the European Communities on 14 June 2005 by the Commission of the European Communities, represented by Ms Sara Pardo Quintillán and Ms Donatella Recchia, acting as Agents, assisted by F. Louis of the Brussels bar and C. O'Daly, Solicitor of the Law Society of Ireland, with an address for service in Luxembourg.

The applicant claims that the Court should:

| 1. | declare that, in failing to take all the measures necessary to comply with Articles 4, 5, 7, 9 and 10 of Council Directive 80/68/EEC (1) on the protection of groundwater against pollution caused by certain dangerous substances at Ballymurtagh landfill (County Wicklow), Ireland has failed to comply with this Directive and with its obligations under the Treaty; |
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1.

declare that, in failing to take all the measures necessary to comply with Articles 4, 5, 7, 9 and 10 of Council Directive 80/68/EEC (1) on the protection of groundwater against pollution caused by certain dangerous substances at Ballymurtagh landfill (County Wicklow), Ireland has failed to comply with this Directive and with its obligations under the Treaty;

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| 2. | declare that, in failing to take all the measures necessary to comply with Articles 5, 7, 8, 10, 12, and 13 of Council Directive 80/68/EEC with regard to indirect discharges from septic tanks, Ireland has failed to comply with this Directive and with its obligations under the Treaty; and |
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2.

declare that, in failing to take all the measures necessary to comply with Articles 5, 7, 8, 10, 12, and 13 of Council Directive 80/68/EEC with regard to indirect discharges from septic tanks, Ireland has failed to comply with this Directive and with its obligations under the Treaty; and

| 3. | order Ireland to pay the costs. |
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3.

order Ireland to pay the costs.

Pleas in law and main arguments

On the basis of complaints submitted to it, the Commission has become aware of widespread breaches of Council Directive 80/68/EEC in Ireland.

First, since 1989 Ireland has permitted a municipal landfill to operate at Ballymurtagh, Co. Wicklow without formal authorization being granted as required under Article 4(2) of Directive 80/68. As a consequence of not complying with Article 4(2), Article 9 of the same directive was also breached. In addition, the waste licence covering the landfill site, granted by Ireland's Environmental Protection Agency only in 2001, infringes Articles 4, 5, 7 and 10 of Directive 80/68/EEC.

Second, the Commission has uncovered evidence demonstrating that Ireland has failed to comply with Directive 80/68/EEC in relation to indirect discharges into groundwater from septic tanks. In this regard, the Commission has investigated circumstances relating to a hotel premises at Creacon Lodge, Co. Wexford, Ireland's longstanding interpretation of Article 5(1) of Directive 80/68/EEC and wider breaches of the same Directive throughout the Irish countryside. Reports on eutrophication of the Lakes of Killarney, Co. Kerry, Irish official water pollution reports, and breaches of Directive 80/778/EEC (2) on the quality of water intended for human consumption demonstrate Ireland's failure to comply with relevant provisions of Directive 80/68/EEC.

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The Commission therefore considers that Ireland has failed to fulfil its obligations under Articles 4, 5, 7, 8, 9, 10, 12 and 13 of Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances.

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(1)  Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances, OJ L 20, 26.01.1980, p. 43.

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(2)  Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption, OJ L 229, 30.08.1980, p. 11.

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