Case C-396/00: Action brought on 26 October 2000 by the Commission of the European Communities against the Italian Republic
Date: 2001-01-27
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, urban area, wastewater, water treatment

27.1.2001

EN

Official Journal of the European Communities

C 28/11

(4) Are penalties such as those provided for under Article 399
of the Codice Postale Italiano (Italian Postal Regulations
set out in Presidential Decree No 156 of 1973) compatible
with Community law, in the light of the principles of
non-discrimination and proportionality?

(1) OJ L 91 of 7.4.1999, p. 10.
(2) OJ L 321 of 30.12.1995, p. 1.

Action brought on 26 October 2000 by the Commission
of the European Communities against the Italian Republic

(Case C-396/00)

(2001/C 28/19)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 26 October
2000 by the Commission of the European Communities,
represented by Gregorio Valero Jordana, of its Legal Service,
and by Roberto Amorosi, judge on secondment to the Legal
Service, acting as Agents, with an address for service in
Luxembourg at the office of Carlos Go´ mez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg.

Pleas in law and main arguments

The Commission claims that even though there existed,
within the area in question, waste-water treatment plants by
31 December 1998, Italy should have adopted measures to
identify the discharges for the purposes of applying Article
5(5) of the directive by adapting, if necessary, the relevant
plants. Italy cannot justify its delay in fulfilling its obligations
under the directive by arguing that the main factors on the
basis of which the present situation was to be characterised,
for the purposes of the applicability of its obligations under
Articles 5(2) and 5(5), have not yet been examined and
assessed, since those obligations had been entrusted to local
bodies (the Regions). As the Court of Justice has consistently
held, Member States cannot rely on provisions of their own
internal legal order in order to justify failure to respect the
obligations and time-limits laid down by a directive.

As regards the exemption under Article 5(4) of the directive, it
is clear that it cannot apply unless it can be shown that the
minimum percentage of reduction of the overall load entering
all urban waste water treatment plants in that area is of a
certain value, which is impossible for the time being because
there is no treatment plant in existence.

By declaring a state of emergency, the Italian authorities have
shown themselves to be seriously willing to resolve the
situation even if the Commission is concerned that, despite
having indicated the expected dates of completion of the
works, by letter of 9 July and of 27 October 1999, in reply to
the letter of formal notice, the latest letter of 6 April 2000
makes no further mention in that respect. In any event, so far
as concerns the present case, nothing of the foregoing changes
the fact that Italy is in breach of Community law.

The applicant claims that the Court should:

(1) OJ 1991 L 135, p. 40.
(2) OJ 1991 L 375, p. 1.

— Declare that, by failing to adopt the provisions necessary
to ensure that, by 31 December 1998, discharges of
urban waste water from Milan collected in a basin
draining into the ‘Po delta’ and ‘northwestern Adriatic
coastal areas’, as defined by the Decree Law No 152 of
the Italian Republic of 11 May 1999 (Provisions on the
prevention of pollution of water and implementation of
Council Directive 91/271/EEC (1) concerning urban
waste-water
Directive
91/676/EEC (2) of 12 December 1991 concerning the
protection of waters against pollution caused by nitrates
from agricultural sources), pursuant
to Article 5 of
concerning urban waste-water treatment, were subject to
more stringent treatment than the secondary treatment
or equivalent described by Article 4 of that directive, the
Italian Republic has failed to fulfil its obligations under
Article 5(2) of the aforementioned directive, as laid down
in Article 5(5);

treatment

Council

and

— Order the Italian Republic to pay the costs.

Action brought on 30 October 2000 by Kingdom of Spain
against Commission of the European Communities

(Case C-398/00)

(2001/C 28/20)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 30 October 2000 by the Kingdom of Spain,
represented by Santiago Ortiz Vaamonde, Abogado del Estado,
acting as Agent, with an address for service in Luxembourg at
the Spanish Embassy, 4-6 boulevard E. Servais.