Judgment — ECLI:EU:C:2019:785
Date: 2019-09-26
Language of the case: Spanish
Court formation: Seventh Chamber
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Seventh Chamber) of 26 September 2019 — Commission v Spain (Water — Updating of river basin management plans for the Canary Islands) (Case C‑556/18)(1) (Failure of a Member State to fulfil obligations — European Union water policy — Directive 2000/60/EC — Article 13(1) and (7) and Article 15(1) — Failure to adopt, publish and communicate to the European Commission revised and updated river basin management plans for Lanzarote, Fuerteventura, Gran Canaria, Tenerife, La Gomera, La Palma and El Hierro (Spain) — Article 14 — Failure to inform and consult the public relating to the revision and the updating) 1. Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — No limitation period — Discretion to choose when to initiate proceedings (Art. 258 TFEU) (see para. 22) 2. Actions for failure to fulfil obligations — Subject matter of the dispute — Determination during the pre-litigation procedure — Subsequent enlargement — Not permissible — Clarification of complaints — Lawfulness (Art. 258 TFEU) (see paras 24, 26) 3. Environment – EU water policy — Directive 2000/60 – Member States’ obligation to revise and update river basin management plans – Obligation to inform and consult the public on the revision and updating on river basin management plans – Obligation to communicate the revision and updating of river basin management plans to the Commission – Failure to observe time limits prescribed — Non-implementation — Failure to fulfil obligations (European Parliament and Council Directive 2000/60, Arts 13(1) and (7), 14 and 15(1)) (see paras 27-29, 34-37, operative part) 4. Member States — Obligations — Implementation of directives — Failure to fulfil obligations – Justification based on the late implementation of a directive (Art. 258 TFEU) (see para. 33) Operative part The Court: 1. Declares that, by failing, within the prescribed time limit, to inform and consult the public relating to the revision and updating of the river basin management plans for Lanzarote, Fuerteventura, Gran Canaria, Tenerife, La Gomera, La Palma and El Hierro, and by failing, within the prescribed time limit, to adopt, publish and communicate to the European Commission the revision and updating of those management plans, the Kingdom of Spain has failed to fulfil the its obligations under Article 13(7), read in conjunction with Article 13(1), and Article 14 and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, as amended by Council Directive 2013/64/EU of 17 December 2013. 2. Orders the Kingdom of Spain to pay the costs. 1 OJ C 381, 22.10.2018.