EN Official Journal of the European Union C 113/25

Action brought on 06 March 2009 — Commission of the European Communities v Ireland

(Case C-95/09)

2009/C 113/48

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán, A.A. Gilly, Agents)

Defendant: Ireland

The applicant claims that the Court should:

declare that,

— by failing to fully and correctly identify sensitive areas for the purposes of Article 5(1) of Council Directive (1) 91/271/EEC of 21 May 1991 concerning urban waste water treatment;

— by failing to fully and correctly transpose the requirements of Articles 3(1), 3(2), 5(2),5(3),5(4) and 5(5) of that Directive in respect of certain sensitive areas;

— by failing by the required deadline of 31 December 1998 to provide the level of treatment referred to in Article 5(2) and (3) of that Directive in respect of all urban waste water from certain agglomerations exceeding 10,000 population equivalent discharged into or into the relevant catchment areas of sensitive areas;

— by failing for certain agglomerations to ensure that the collecting system required under Article 3(1) of that Directive complies with the requirements of Article 3(2) of that Directive; and

— by failing to correctly carry out the first mandatory review referred to in Article 5(6) of that Directive by the required deadline of 31 December 1997, Ireland has failed to comply with its obligations under these articles as well as those under Article 19 of the Directive and

— by failing to provide information requested in the letter dated 23 April 1999, Ireland has failed to comply with the obligations that it has under Article 10 of the EC Treaty.

— order Ireland to pay the costs.

Pleas in law and main arguments

The Commission considers that Ireland has failed to comply with its obligations under Arts. 3, 5 and 19 of the Directive and under Art. 10 of the EC Treaty for the following reasons:

As regards the Boyne Estuary the Commission contends that, by failing to notify a formal act of identification for this area, Ireland has failed to fully and correctly identify sensitive areas in accordance with Art. 5(1) of the Directive. As regards other areas which have not been identified as sensitive the Commission accepts that Ireland has made identifications for the purposes of Art. 5(1) but contends that the currently applicable formal acts of identification are insufficiently precise in terms of demarcating the sensitive area concerned.

As regards Arts. 3(1) and (2) of the Directive Irish legislation provides for a deferment of the implementation deadline referred to in the second paragraph of Art. 3(1) from 31/12/1998 to 14/06/2001. The Commission maintains that the Directive does not provide for such a possible deferment. The Commission also notes that, for 32 areas which Ireland subsequently identified as sensitive, the national legislation failed to respect the deadline of 31/12/1998 referred to in Art. 5 of the Directive.

The Commission contends that, in relation to areas which Ireland had wrongly failed to identify as sensitive, Ireland has failed to comply practically with the provisions of Art. 3(1) and (2) and Art. 5 (2), (3) and (4) in respect of agglomerations of more than 10 000 population equivalent, and with the provisions of Art. 5 (2), (3) and (4) in respect of urban waste water treatment plants coming within the scope of Art. 5(5) of the Directive.

The Commission considers that Ireland is in breach of Art. 5(6) of the Directive because it had not carried out the first review of the identification of sensitive areas required by 31/12/1997 at the latest.

Finally the Commission considers that, in failing to provide clear cartographical information showing the extent of sensitive areas and relevant catchment areas as well as the location of agglomerations concerned by the deadline of 31/12/1998 Ireland is in breach of its duties under Art. 10 of the EC Treaty.

(1) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment OJ L 135, p. 40