Judgment — ECLI:EU:C:2009:292
Date: 2009-05-07
Language of the case: Portuguese
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Concepts: General;Environment
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Portugal

Judgment of the Court (Fifth Chamber) of 7 May 2009 - Commission of the European Communities v Portuguese Republic (Case C-530/07) 1 (Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisance - Urban waste water treatment - Articles 3 and 4) Language of the case: Portuguese Parties Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and G. Braga da Cruz, acting as Agents) Defendant: Portuguese Republic (represented by: L. Inez Fernandes and M. J. Lois, acting as Agents) Re: Failure of Member State to fulfil obligations - Failure to adopt in the prescribed period the measures necessary to comply with Art. 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40) Operative part of the judgment The Court: 1. Declares that, by failing to provide, in accordance with the provisions of Article 3 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the agglomerations of Bacia do Rio Uima (Fiães S. Jorge), Costa de Aveiro, Covilhã, Espinho/Feira, Ponta Delgada, Póvoa de Varzim/Vila do Conde and Santa Cita with collection systems, and by failing to subject to secondary treatment or an equivalent treatment, in accordance with Article 4 of that directive, the urban waste water from the agglomerations of Alverca, Bacio do Rio Uima (Fiães S. Jorge), Carvoeiro, Costa de Aveiro, Costa Oeste, Covilhã, Lisbon, Matosinhos, Milfontes, Nazaré/Famalicão, Ponta Delgada, Póvoa de Varzim/Vila do Conde, Santa Cita, Vila Franca de Xira and Vila Real de Santo António, the Portuguese Republic has failed to fulfil its obligations under Articles 3 and 4 of that directive. 2. Dismisses the action as to the remainder. 3. Orders the Portuguese Republic to pay the costs. ____________ 1 - OJ C 37, 09.02.2008.