Opinion of the Advocate General — ECLI:EU:C:2009:196
Date: 2009-03-26
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste;Pollution
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Sweden

Summary of the Judgment 1. Environment – Treatment of urban waste water – Directive 91/271 (Art. 174(2), EC; Council Directive 91/271, Arts 3(1), second para., and 5(2)) 2. Environment – Treatment of urban waste water – Directive 91/271 (Council Directive 91/271, Art. 5(2) and (3), and Annexes I.B(3) and II.A(a), second para.) 3. Environment – Treatment of urban waste water – Directive 91/271 (Council Directive 91/271, Art. 5(5)) 1. It is apparent from Article 5(2) of Directive 91/271 concerning urban waste-water treatment, as amended by Directive 98/15, that all urban waste water from agglomerations of more than 10 000 population equivalent which discharges into a sensitive area was to be subject, by 31 December 1998 at the latest, to more stringent treatment than that referred to in Article 4 of that directive. In this respect, it does not matter whether the waste water discharges directly or indirectly into a sensitive area. This is in keeping with the high level of protection provided for by Community policy on the environment under Article 174(2) EC. (see paras 29-30) 2. Under Article 5(3), in conjunction with Annex I.B(3), of Directive 91/271 concerning urban waste‑water treatment, as amended by Directive 98/15, the treatment provided for in Article 5(2) of that directive is more stringent than that described in Article 4 of that directive and covers urban waste water entering collecting systems and from agglomerations of more than 10 000 population equivalent. That treatment means, inter alia, that discharges into areas sensitive to eutrophication must satisfy the requirements shown in Table 2 of that annex, subject, however, to the provisions of the second paragraph of Annex II.A(a) to that directive, which provide that, as regards large agglomerations, the removal of phosphorus and/or nitrogen should be included unless it can be demonstrated that the removal will have no effect on the level of eutrophication. (see paras 36-37) 3. In accordance with Article 5(5) of Directive 91/271 concerning urban waste‑water treatment, as amended by Directive 98/15, the obligation to reduce the nitrogen load depends on the extent to which discharges from urban waste water treatment plants situated in the catchment areas of sensitive areas contribute to the pollution of those areas. Furthermore, whether direct or indirect, discharges from urban waste water treatment plants situated in the same catchment area of a sensitive area are subject, by reason of Article 5(5) of that directive, to the requirements applicable to sensitive areas only to the extent that those discharges contribute to the pollution of that area. Thus, there must be a causal link between those discharges and the pollution of the sensitive areas. (see paras 43-47)