Judgment of the Court (Sixth Chamber) of 16 June 2005 in Case C-191/04: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Pollution and nuisance — Urban waste water treatment — Directive 91/271/EEC)
Date: 2005-08-06
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, exchange of information, sensitive area, urban area, wastewater

6.8.2005

EN

Official Journal of the European Union

C 193/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 9 June 2005

(Sixth Chamber)

of 16 June 2005

in Case C-135/04: Commission of the European Commu-
nities v Kingdom of Spain (1)

in Case C-191/04: Commission of the European Commu-
nities v French Republic (1)

(Conservation of wild fauna — Wild birds — Hunting
periods — Hunting of woodpigeon during return journey in
the province of Guipúzcoa)

(Failure of a Member State to fulfil obligations — Pollution
and nuisance — Urban waste water treatment — Directive
91/271/EEC)

(2005/C 193/10)

(Language of the case: Spanish)

(2005/C 193/11)

(Language of the case: French)

In Case C-135/04 Commission of the European Commu-
nities (Agents: G. Valero Jordana and M. van Beek) v Kingdom
of Spain (Agents: N. Díaz Abad and M. Muñoz Perez) —
action under Article 226 EC for failure to fulfil obligations,
brought on 12 March 2004 — the Court (Second Chamber),
composed of C. W. A. Timmermans, President of the Chamber,
R. Silva de Lapuerta, C. Gulmann (Rapporteur), R. Schintgen
and G. Arestis, Judges; L. A. Geelhoed, Advocate General; M.
Ferreira, Principal Administrator, for the Registrar, gave a judg-
ment on 9 June 2005, in which it:

1. Declares that, by allowing the practice of 'a contrapasa' hunting of
woodpigeons in the province of Guipúzcoa, the Kingdom of Spain
has failed to fulfil its obligations under Article 7(4) of Council
Directive 79/409/EEC of 2 April 1979 on the conservation of
wild birds;

In Case C-191/04: action for failure to fulfil obligations under
Article 226 EC, brought on 23 April 2004, Commission of
the European Communities (Agents: A. Bordes and G. Valero
Jordana) v French Republic (Agents: G. de Bergues and C.
Jurgensen-Mercier) the Court (Sixth Chamber), composed of A.
Borg Barthet (Rapporteur), President of the Chamber, A. La
Pergola and A. Ó Caoimh, Judges; Advocate General: J. Kokott,
Registrar: R Grass, gave a judgment on 16 June 2005, in which
it:

1. Declares that, by failing to provide to the Commission of the
European Communities, within six months of the request made on
18 December 2000,
the information to be collected by 31
December 1999 by the competent authorities or appropriate
bodies as part of the monitoring of discharges and residual sludge,
introduced by Article 15 of Council Directive 91/271/EEC of 21
May 1991 concerning urban waste water treatment, with respect
to the agglomerations concerned by the 31 December 1998 time-
limit, the French Republic has failed to fulfil its obligations under
Article 15(4) of that directive;

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

2. Orders the French Republic to pay the costs.

(1) OJ C 106 of 30.4.2004.

(1) OJ C 156 of 12.06.2004