Judgment of the Court (Sixth Chamber) of 7 November 2013 — Commission v France

(Case C‑23/13)

‛Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3 and 4’

1. 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. 258 TFEU; Council Directive 91/271, Arts 3 and 4(1) and (3)) (see para. 21)

2. Environment — Urban waste-water treatment — Directive 91/271 — Member State having failed to put in place an appropriate system for the collection and treatment of urban waste waters in agglomerations with a population equivalent of more than 15000 — Failure to fulfil obligations (Art. 258 TFEU; Council Directive 91/271, Arts 3 and 4(1) and (3)) (see paras 23 and operative part)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40) — Deficiencies in the collection and treatment of urban waste water in 8 agglomerations.

Operative part

The Court:

1. Declares that, by failing to provide for: – the collection of urban waste waters in the agglomeration of Basse-Terre, with a population equivalent of more than 15000, and – the treatment of urban waste waters in the agglomerations of Ajaccio-Sanguinaires, Basse-Terre, Bastia-Nord, Cayenne-Leblond and Saint-Denis, with a population equivalent of more than 15000, the French Republic failed to fulfil its obligations under Articles 3, 4(1) and 4(3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment,

2. Orders the French Republic to pay the costs.

Judgment of the Court (Sixth Chamber) of 7 November 2013 — Commission v France

(Case C‑23/13)

‛Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3 and 4’

1. 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. 258 TFEU; Council Directive 91/271, Arts 3 and 4(1) and (3)) (see para. 21)

2. Environment — Urban waste-water treatment — Directive 91/271 — Member State having failed to put in place an appropriate system for the collection and treatment of urban waste waters in agglomerations with a population equivalent of more than 15000 — Failure to fulfil obligations (Art. 258 TFEU; Council Directive 91/271, Arts 3 and 4(1) and (3)) (see paras 23 and operative part)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40) — Deficiencies in the collection and treatment of urban waste water in 8 agglomerations.

Operative part

The Court:

1. Declares that, by failing to provide for: – the collection of urban waste waters in the agglomeration of Basse-Terre, with a population equivalent of more than 15000, and – the treatment of urban waste waters in the agglomerations of Ajaccio-Sanguinaires, Basse-Terre, Bastia-Nord, Cayenne-Leblond and Saint-Denis, with a population equivalent of more than 15000, the French Republic failed to fulfil its obligations under Articles 3, 4(1) and 4(3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment,