Judgment — ECLI:EU:C:2009:670
Date: 2009-10-29
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Concepts: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Judgment of the Court (Second Chamber) of 29 October 2009 - Commission of the European Communities v Ireland (Case C-188/08) 1 (Failure of a Member State to fulfil obligations - Directive 75/442/EEC - Waste - Domestic waste waters discharged through septic tanks in the countryside - Waste not covered by other legislation - Failure to transpose) Language of the case: English Parties Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán, D. Lawunmi and M. Wilderspin, Agents) Defendant: Ireland (represented by: D. O'Hagan, Agent) Re: Failure of a Member State to fulfil obligations - Infringement, so far as domestic waste waters discharged through septic tanks is concerned, of Articles 4, 7, 8, 9, 10, 11, 12, 13 and 14 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) - Waste not covered by other legislation Operative part of the judgment The Court: Declares that, by failing to adopt, save in County Cavan, all the laws, regulations and administrative provisions necessary to comply with Articles 4 and 8 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, as regards domestic waste waters disposed of in the countryside through septic tanks and other individual waste water treatment systems, Ireland has failed to fulfil its obligations under that directive; Orders Ireland to pay three quarters of the costs of the Commission of the European Communities and to bear its own costs; Orders the Commission of the European Communities to bear one quarter of its own costs. ____________ 1 - OJ C 197, 2.8.2008.