Opinion of the Advocate General — ECLI:EU:C:1999:529
Date: 1999-10-28
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Summary of the Judgment 
1. Actions for failure to fulfil obligations — Examination of merits by the Court — 
Situation to be taken into consideration — Situation at the end of the period laid down 
in the reasoned opinion 
(EC Treaty, Art. 169 (now Article 226 EC» 
2. Environment — Water pollution — Directive 76/464 — Obligation to establish 
specific programmes in order to reduce pollution caused by certain dangerous 
substances — Scope 
(Council Directive 76/464, Art. 7 and annex, List II) 
I - 3823 
SUMMARY — CASE C-3 84/97 
1. In the context of an action brought 
under Article 169 of the Treaty (now 
Article 226 EC), the question whether 
a Member State has failed to fulfil its 
obligations must be determined by 
reference to the situation prevailing at 
the end of the period laid down in the 
reasoned opinion, and subsequent 
changes cannot be taken into account 
by the Court. 
(see para. 35) 
2. The programmes which the Member 
States are required to establish, under 
Article 7 of Directive 76/464, in order 
to reduce pollution of their waters by 
the substances within List II in the 
annex to the directive must be specific, 
that is to say, they must have a 
comprehensive and coherent approach, 
covering the entire national territory 
and providing practical and coordi­
nated arrangements for the reduction 
of pollution caused by any of the 
substances in List II which are relevant 
in the particular context of each Mem­
ber State, in accordance with the 
quality objectives fixed by those pro­
grammes for the waters affected. 
Accordingly, national measures cannot 
be regarded as programmes within the 
meaning of Article 7 of the directive 
where, even if capable of contributing 
to a reduction in water pollution, they 
are merely ad hoc measures and not 
comprehensive and coherent pro­
grammes of that kind, based on studies 
of the waters affected and setting 
quality objectives. 
(see paras 39-40, 42) 
I - 3824