Action brought on 30 August 2022 — European Commission v Kingdom of Spain

(Case C-576/22)

(2022/C 418/16)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: C. Hermes y E. Sanfrutos Cano, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The Commission claims that the Court should:

— Declare that, in so far as it has not designated as nitrate vulnerable zones, in Castilla y León, Extremadura, Galicia, the Balearic Islands, the Canary Islands, Madrid and the Autonomous Community of Valencia, the relevant catchment areas for run-off (surface water) or infiltration (groundwater) for each of the contaminated measurement points identified in the application; by failing to provide for all the necessary mandatory measures in the action programmes of Aragon, Castile-La Mancha, Castilla y León, Extremadura and Madrid, and by failing to adopt the additional measures or reinforced actions in relation to eutrophication, in relation to the whole country, and as regards nitrate pollution, in relation to the Autonomous Communities showing upward trends in pollution at the NVZ measuring points, in particular Aragon, Castile-La Mancha, Castilla y León and Murcia, the Kingdom of Spain has failed to fulfil its obligations under Article 3(4) and Article 5(4) (read in conjunction with Annexes II and III) and (5) of Council Directive 91/676/EEC (1) of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources.

— Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

In its application, the Commission puts forward three pleas in law alleging failure to fulfil obligations.

By its first plea in law, the Commission alleges that the Kingdom of Spain has failed to fulfil its obligations under Article 3(4) of Directive 91/676/EEC. The Commission argues that the Kingdom of Spain has failed to comply with this provision in Castilla y León, Extremadura, Galicia, the Balearic Islands, the Canary Islands, Madrid and the Autonomous Community of Valencia, in so far as there are still areas that have not been designated as a nitrate vulnerable zone, nor included in existing nitrate vulnerable zones, despite the fact that the data obtained through the monitoring network for pollution caused by nitrates of agricultural origin justify its designation/inclusion.

By its second plea in law, the Commission claims, in essence, that the action programmes of the Autonomous Communities of Aragon, Castilla-La Mancha, Castilla y León, Extremadura and Madrid do not provide for all the compulsory measures required by Directive 91/676/EEC and are therefore in breach of Article 5(4) thereof. In particular, the Commission argues that the action programmes of those Autonomous Communities do not contain sufficient measures concerning the land application of fertiliser to steeply sloping ground, as required by point A.2 of Annex II to Directive 91/676/EEC, to which Article 5(4) of that directive refers; that measures are still lacking in the Extremadura action programme on temporary storage of solid manure in the field, on the fertilisation register and in relation to the maximum amount of authorised manure per hectare to be applied to land, and that the Madrid action programme does not contain the necessary measures regarding the temporary storage of solid fertilisers on land covered by Annexes II and III to Directive 91/676/EEC.

By its third plea in law, the Commission considers that the Kingdom of Spain has not adopted the additional measures or reinforced actions required by Article 5(5) of Directive 91/676/EEC. Under that provision, Member States must, in the context of action programmes, take any additional measures or reinforced actions which they consider necessary if the measures referred to in paragraph 4 of that article are not sufficient to reduce pollution and to take preventive action against further pollution caused by nitrates from agricultural sources. The Commission submits that the Kingdom of Spain has not taken the necessary additional measures or reinforced actions to address the upward trend in pollution of the nitrate vulnerable zones in Aragon, Castile-La Mancha, Castilla y León and Murcia. The Commission also criticises the Kingdom of Spain for failing to take additional measures or reinforced actions necessary in order to remedy eutrophication throughout Spain, even though the available data show that the measures provided for in the action programmes are not sufficient to reduce and prevent pollution.

(1) OJ 1991 L 375, p. 1