Judgment — ECLI:EU:C:2018:606
Date: 2018-07-25
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Eighth Chamber) of 25 July 2018 — Commission v 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) 1. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Period for implementation — Reference date for assessing whether there has been a failure to fulfil obligations (Art. 260(2) TFEU) (see para. 19) 2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see paras 23, 62) 3. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Imposition of a penalty payment — Condition — Failure to comply continuing up to the time of the Court’s examination of the facts (Art. 260(2) TFEU) (see para. 45) 4. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Determination of the form to be taken and of the amount — Discretion of the Court — Criteria (Arts 258 TFEU and 260(2) TFEU) (see paras 49-53) 5. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Calculation of the amount — Criteria — Gravity of the infringement — Failure to comply with a judgment concerning the treatment of urban waste water (Art. 260(2) TFEU; Council Directive 91/271) (see paras 54-58) 6. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Calculation of the amount — Criteria — Duration of the infringement (Art. 260(1) TFEU) (see paras 59, 61) 7. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Calculation of the amount — Criteria — Payment capacity — Date of assessment (Art. 260(2) TFEU) (see para. 63) 8. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Calculation of the amount — Decreasing penalty payment (Art. 260(2) TFEU) (see paras 65-67) 9. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Lump sum — Whether the two penalties should be cumulated — Lawfulness (Art. 260(2) TFEU) (see para. 74) 10. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Imposition of a lump sum payment — Discretion of the Court — Criteria for assessment (Art. 260(2) TFEU) (see paras 75-78) Operative part 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; 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; 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; 4. Orders the Kingdom of Spain to pay the costs. 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. 4. Orders the Kingdom of Spain to pay the costs. 1 OJ C 195, 19.6.2017.