# C_2004228EN.01000102.xml

| 11.9.2004 | EN | Official Journal of the European Union | C 228/1 |
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11.9.2004

EN

Official Journal of the European Union

C 228/1

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 15 July 2004

in Case C-272/01: Commission of the European Communities v Portuguese Republic (1)

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(Failure of a Member State to fulfil its obligations - Directive 76/160/EEC - Quality of bathing water - Failure to conform to limit values - Failure to identify all inland bathing areas in Portugal - Failure to collect a sufficient number of samples)

(2004/C 228/02)

Language of the case: Portuguese

In Case C-272/01: Commission of the European Communities (Agents: M.T. Figueira and G. Valero Jordana) against Portuguese Republic (Agents: L. Fernandes, M. Telles Romão and M. João Lois) — application for a declaration by the Court that:

| — | by failing to adopt all the measures necessary to ensure that the quality of bathing water conforms to the values laid down in Article 3 of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ 1976 L 31, p. 1), |
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by failing to adopt all the measures necessary to ensure that the quality of bathing water conforms to the values laid down in Article 3 of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ 1976 L 31, p. 1),

| — | by failing to take samples at the minimum frequencies laid down in the annex to that directive, and |
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by failing to take samples at the minimum frequencies laid down in the annex to that directive, and

| — | by failing to identify all the inland bathing areas in Portugal, |
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by failing to identify all the inland bathing areas in Portugal,

the Portuguese Republic has failed to fulfil its obligations under Article 4(1), in conjunction with Articles 1(2) and 3 and the annex to the directive, and under Article 6(1) and (2) of the directive

the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, J. P. Puissochet, J.N. Cunha Rodrigues and N. Colneric (Rapporteur), Judges; P. Léger, Advocate General; R. Grass, Registrar, has given a judgment on 15 July 2004 in which it:

| 1. | Declares that, by failing to take all the measures necessary to ensure that the quality of bathing water complies with the mandatory limit values laid down under Article 3 of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water, the Portuguese Republic has failed to fulfil its obligations under Article 4(1) of the Directive, in conjunction with Article 3 and the Annex to that Directive; |
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1.

Declares that, by failing to take all the measures necessary to ensure that the quality of bathing water complies with the mandatory limit values laid down under Article 3 of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water, the Portuguese Republic has failed to fulfil its obligations under Article 4(1) of the Directive, in conjunction with Article 3 and the Annex to that Directive;

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

Dismisses the remainder of the application;

| 3. | Orders each party to bear its own costs. |
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3.

Orders each party to bear its own costs.

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(1)  OJ C 245 of 1.9.2001.

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