# C_2013344EN.01003802.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/38 |
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23.11.2013

EN

Official Journal of the European Union

C 344/38

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Action brought on 26 June 2013 — European Commission v Republic of Poland

(Case C-356/13)

2013/C 344/66

Language of the case: Polish

Parties

Parties

Applicant: European Commission (represented by: E. Manhaeve and K. Herrmann, acting as Agents)

Applicant:

Defendant: Republic of Poland

Defendant:

Form of order sought

Form of order sought

The European Commission claims that the Court should:

| — | declare that, by failing adequately to define the waters liable to be polluted by nitrates from agricultural sources, and by insufficiently designating vulnerable zones, the Republic of Poland has failed to meet its obligations under Article 3 of, in conjunction with Annex I to, Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources; (1) |
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declare that, by failing adequately to define the waters liable to be polluted by nitrates from agricultural sources, and by insufficiently designating vulnerable zones, the Republic of Poland has failed to meet its obligations under Article 3 of, in conjunction with Annex I to, Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources; (1)

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| — | declare that, by establishing action programmes, within the terms of Article 5 of Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, on the basis of inadequately designated specific vulnerable zones, and by including in those programmes measures demonstrating deficiencies in the light of Annex II, point A.2, and Annex III, point 1.1 and 1.3, the Republic of Poland has failed to meet its obligations under Article 5 of, in conjunction with Annex II, point A.2, and Annex III, point 1.1 and 1.3 to, that directive; |
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declare that, by establishing action programmes, within the terms of Article 5 of Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, on the basis of inadequately designated specific vulnerable zones, and by including in those programmes measures demonstrating deficiencies in the light of Annex II, point A.2, and Annex III, point 1.1 and 1.3, the Republic of Poland has failed to meet its obligations under Article 5 of, in conjunction with Annex II, point A.2, and Annex III, point 1.1 and 1.3 to, that directive;

| — | order the Republic of Poland to pay the costs of the proceedings. |
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order the Republic of Poland to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

The Republic of Poland was under an obligation to complete transposition of Directive 91/676/EEC and to comply with the obligations resulting therefrom from the date of its accession to the European Union on 1 May 2004.

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(1)  OJ 1991 L 375, p. 1.

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