# C_2018328EN.01001701.xml

| 17.9.2018 | EN | Official Journal of the European Union | C 328/17 |
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17.9.2018

EN

Official Journal of the European Union

C 328/17

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Judgment of the Court (Eighth Chamber) of 25 July 2018 — European Commission v Kingdom of Spain

(Case C-205/17) (1)

((Failure of a Member State to fulfil obligations - Collection and treatment of urban waste water - Directive 91/271/EEC - Articles 3 and 4 - Judgment of the Court declaring a failure to fulfil obligations - Non-compliance - Article 260(2) TFEU - Pecuniary penalties - Penalty payment and lump sum))

(2018/C 328/20)

Language of the case: Spanish

Parties

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

Defendant: Kingdom of Spain (represented by: A. Gavela Llopis, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to take all the measures necessary to comply with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), the Kingdom of Spain has failed to fulfil its obligations under Article 260(1) TFEU; |
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1.

Declares that, by failing to take all the measures necessary to comply with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), the Kingdom of Spain has failed to fulfil its obligations under Article 260(1) TFEU;

| 2. | Orders that, if the failure to fulfil obligations established in point 1 has continued until the day of delivery of the present judgment, the Kingdom of Spain must pay the European Commission a penalty payment of EUR 10 950 000 for each six-month period of delay in implementing the measures necessary to comply with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), from the date of delivery of the present judgment until the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), has been complied with in full, the actual amount of which must be calculated at the end of each six-month period by reducing the total amount relating to each of those periods by a percentage corresponding to the proportion that the number of population equivalents of the agglomerations whose urban waste water treatment and/or collection systems have been rendered compliant with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260) at the end of the period in question bears to the number of population equivalents of the agglomerations not having such systems on the day of delivery of the present judgment; |
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2.

Orders that, if the failure to fulfil obligations established in point 1 has continued until the day of delivery of the present judgment, the Kingdom of Spain must pay the European Commission a penalty payment of EUR 10 950 000 for each six-month period of delay in implementing the measures necessary to comply with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), from the date of delivery of the present judgment until the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), has been complied with in full, the actual amount of which must be calculated at the end of each six-month period by reducing the total amount relating to each of those periods by a percentage corresponding to the proportion that the number of population equivalents of the agglomerations whose urban waste water treatment and/or collection systems have been rendered compliant with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260) at the end of the period in question bears to the number of population equivalents of the agglomerations not having such systems on the day of delivery of the present judgment;

| 3. | Orders the Kingdom of Spain to pay to the European Commission a lump sum of EUR 12 million; |
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3.

Orders the Kingdom of Spain to pay to the European Commission a lump sum of EUR 12 million;

| 4. | Orders the Kingdom of Spain to pay the costs. |
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4.

Orders the Kingdom of Spain to pay the costs.

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(1)  OJ C 195, 19.6.2017.

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