# C_2009282EN.01000402.xml

| 21.11.2009 | EN | Official Journal of the European Union | C 282/4 |
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21.11.2009

EN

Official Journal of the European Union

C 282/4

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Judgment of the Court (Third Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Sweden

(Case C-438/07) (1)

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(Failure of a Member State to fulfil obligations - Environment - Directive 91/271/EEC - Treatment of urban waste water - Failure to require more stringent treatment of nitrogen in all treatment plants of urban waste water from agglomerations of more than 10 000 population equivalent)

2009/C 282/06

Language of the case: Swedish

Parties

Parties

Applicant: Commission of the European Communities (represented by: I. Koskinen, L. Parpala, M. Patakia and S. Pardo Quintillán, Agents)

Applicant:

Defendant: Kingdom of Sweden (represented by: A. Falk, Agent)

Defendant:

Intervener in support of the defendant: Republic of Finland (represented by: J. Heliskoski and A. Guimaraes-Purokoski, Agents)

Intervener in support of the defendant:

Re:

Re

Failure of a Member State to fulfil obligations — Breach of Article 5(2), (3) and (5) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40), as amended by Commission Directive 98/15/EC of 27 February 1998 (OJ 1998 L 67, p. 29) — Failure to ensure, at the latest by 31 December 1998, that all discharges from treatment plants of urban waste water from agglomerations of more than 10 000 population equivalent released into sensitive areas or their catchment areas fulfil the relevant requirements of Annex I to Council Directive 91/271/EEC.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by not ensuring, by 31 December 1998 at the latest, that discharges from the treatment plants of urban waste water from agglomerations of more than 10 000 population equivalent listed in Annexes 2 and 3 to its defence, as amended by its rejoinder, which enter directly into sensitive areas or their catchment areas fulfil the relevant requirements of Annex I to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, as amended by Commission Directive 98/15/EC of 27 February 1998, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(2), (3) and (5) of that directive; |
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1.

Declares that, by not ensuring, by 31 December 1998 at the latest, that discharges from the treatment plants of urban waste water from agglomerations of more than 10 000 population equivalent listed in Annexes 2 and 3 to its defence, as amended by its rejoinder, which enter directly into sensitive areas or their catchment areas fulfil the relevant requirements of Annex I to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, as amended by Commission Directive 98/15/EC of 27 February 1998, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(2), (3) and (5) of that directive;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the Commission of the European Communities, the Kingdom of Sweden and the Republic of Finland to bear their own costs. |
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3.

Orders the Commission of the European Communities, the Kingdom of Sweden and the Republic of Finland to bear their own costs.

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(1)  OJ C 283, 24.11.2007.

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