Keywords

Summary



Keywords

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1 . Actions against Member States for failure to fulfil obligations - Subject-matter of the dispute - Purely formal adaptation of the claims during the course of the proceedings owing to an amendment of national legislation - Whether permissible

( EEC Treaty, Art . 169 )

2 . Approximation of laws - Quality of water intended for human consumption - Directive 80/778 - Implementation by the Member States - Derogations from the qualitative requirements set out in the directive - Conditions for granting

( Council Directive 80/778, Art . 9(3 ) )

3 . Approximation of laws - Quality of water intended for human consumption - Directive 80/778 - Scope - Water from private sources - Exclusion

( Council Directive 80/778, Art . 2 )

4 . Approximation of laws - Quality of water intended for human consumption - Directive 80/778 - Implementation by the Member States - Grant of an additional period for compliance with the quality requirements laid down in Annex I - Period for making the request - Period for implementing the directive

( Council Directive 80/778, Arts 19 and 20 )

5 . Member States - Obligations - Implementation of directives - Failure - Justification - Not permissible

( EEC Treaty, Art . 169 )

Summary

1 . Where, after an action against a Member State for failure to fulfil its obligations has been brought, the national legislation which allegedly did not meet the obligations of the Member State in question under Community law is replaced by other legislation having the same content, the fact that in the course of the proceedings the Commission imputed its claims concerning the previous legislation to the legislation which replaced it does not mean that it has altered the subject-matter of the dispute .

2 . When implementing Directive 80/778 relating to the quality of water intended for human consumption and using the power to grant derogations provided for in Article 9 thereof, a Member State may not authorize derogations relating to toxic and microbiological factors, since that type of derogation is prohibited by paragraph 3 of that article .

3 . It follows from Article 2 of Directive 80/778 relating to the quality of water intended for human consumption that the directive applies only to water supplied for human consumption and to water used in foodstuffs by a food production undertaking . Water taken from private sources is excluded from its scope .

4 . The possibility afforded, in exceptional cases and with regard to geographically limited population groups, to Member States by Article 20 of Directive 80/778 of lodging with the Commission a request for an extension of the period for ensuring compliance with the quality requirements laid down in Annex I to the directive, which water intended for human consumption must meet, could be used only within the period prescribed for the implementation of the directive by Article 19 thereof .

5 . A Member State may not plead practical or administrative difficulties in order to justify non-compliance with the obligations and time-limits laid down in Community directives . The same holds true of financial difficulties, which it is for the Member States to overcome by adopting appropriate measures .