Judgment of the Court (Sixth Chamber) 25 April 2002 in Case C-396/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 91/271/EEC — Urban waste-water treatment — Urban waste-water of the city of Milan — Discharge in a sensitive area — Relevant catchment area)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, urban area, wastewater, water treatment

15.6.2002

EN

Official Journal of the European Communities

C 144/9

adopt, within the prescribed period, the laws, regulations and
administrative measures necessary to implement the provisions
of Council Directive 97/70/EC of 11 December 1997 setting
up a harmonised safety regime for fishing vessels of 24 metres
in length and over (OJ 1998 L 34, p. 1), the Kingdom of the
Netherlands has failed to fulfil its obligations under the EC
Treaty, the Court (Fourth Chamber), composed of: S. von Bahr
(Rapporteur), President of the Chamber, D. A. O. Edward and
A. La Pergola, Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 7 May 2002, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative measures necessary to
comply with Council Directive 97/70/EC of 11 December
1997 setting up a harmonised safety regime for fishing vessels
the
of 24 metres in length and over,
the Kingdom of
Netherlands has failed to fulfil
its obligations under that
directive.

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 355 of 9.12.2000.

declaration that, by not ensuring that by 31 December 1998
at the latest the discharges of urban waste water of the city of
Milan, located within a catchment area draining into areas of
the delta of the River Po and the north-west coast of the
Adriatic Sea defined by Decree-Law No 152 of the Italian
Republic of 11 May 1999, enacting provisions on the preven-
tion of water pollution and implementing Directive 91/271/
EEC concerning urban waste-water treatment and Directive
91/676/EEC of 12 December 1991 concerning the protection
of waters against pollution caused by nitrates from agricultural
sources (GURI of 29 May 1999, ord. suppl) as sensitive, within
the meaning of Article 5 of Council Directive 91/271/EEC of
21 May 1991 concerning urban waste-water treatment (OJ
1991 L 135, p. 40), were subjected to more stringent
treatment than secondary treatment or an equivalent treatment
prescribed by Article 4 of that directive, the Italian Republic
has failed to fulfil its obligations under Article 5(2) of the
aforementioned directive, as specified in Article 5(5), the
Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
President of
the Chamber, N. Colneric, C. Gulmann,
R. Schintgen and V. Skouris, Judges; F. G. Jacobs, Advocate
General; R. Grass, Registrar, has given a judgment on 25 April
2002, in which it:

1. Declares that, by not ensuring that, by 31 December 1998 at
the latest, the discharges of urban waste water of the city of
Milan, within a relevant catchment area draining into the areas
of the delta of the River Po and the north-west coast of the
Adriatic Sea defined by Decree-Law No 152 of the Italian
Republic of 11 May 1999, enacting provisions on the
prevention of water pollution and implementing Directive
91/271/EEC concerning urban waste-water treatment and
Directive 91/676/EEC of 12 December 1991 concerning the
protection of waters against pollution caused by nitrates from
agricultural sources as sensitive, within the meaning of Article 5
of Council Directive 91/271/EEC of 21 May 1991 concerning
urban waste-water treatment, were subjected to more stringent
treatment than secondary treatment or an equivalent treatment
prescribed by Article 4 of that directive, the Italian Republic
has failed to fulfil its obligations under Article 5(2) of that
same directive;

2. Orders the Italian Republic to pay the costs.

JUDGMENT OF THE COURT

(Sixth Chamber)

25 April 2002

in Case C-396/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 91/271/EEC — Urban waste-water treatment —
Urban waste-water of the city of Milan — Discharge in a
sensitive area — Relevant catchment area)

(2002/C 144/13)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(1) OJ C 28 of 27.1.2001.

In Case C-396/00, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agent: U. Leanza, assisted by M. Fiorilli); Application for a