Judgment — ECLI:EU:C:2009:291
Date: 2009-05-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General;Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Seventh Chamber) of 7 May 2009 – Commission v Spain (Case C‑516/07) Failure of a Member State to fulfil obligations – Directive 2000/60/EC – Framework for Community action in the field of water policy – Designation of competent authorities for hydrographic districts 1. Environment – Community action in the field of water policy – Directive 2000/60 (European Parliament and Council Directive 2000/60, Arts 2, para. 15, and 3(2), (7) and (8)) (see paras 31-32, 39, 43, 48, 54, 62, 64) 2. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see paras 36, 49, 56, 61) Re: Failure of a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, the measures necessary to comply with Article 3(2), (7) and (8) 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 (OJ 2000 L 327, p. 1). Operative part The Court: 1. Declares that, by failing to designate the competent authorities for the application of the provisions 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 concerning the Autonomous Communities of Galicia, the Basque Country, Andalusia, the Balearic Islands and the Canary Islands, the Kingdom of Spain has failed to fulfil its obligations under Article 3(2), (7) and (8) of that directive; 2. Orders the Kingdom of Spain to pay the costs.