Judgment of the Court (Third Chamber) of 8 September 2005 in Case C-416/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directives 75/442/EEC and 91/156/EEC — Meaning of ‘waste’ — Directives 85/337/EEC and 97/11/EC — Assessment of the effects of certain public and private projects on the environment — Directive 80/68/EEC — Protection of groundwater against pollution caused by certain dangerous substances — Directive 91/271/EEC — Urban waste-water treatment — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Pollution caused by a pig farm)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, building regulations, health control, pollution control, swine, urban area, wastewater, water treatment

29.10.2005

EN

Official Journal of the European Union

C 271/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

nitrates from agricultural sources, the Kingdom of Spain has failed
to fulfil its obligations under those directives;

(Third Chamber)

of 8 September 2005

in Case C-416/02: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directives
75/442/EEC and 91/156/EEC — Meaning of ‘waste’ —
Directives 85/337/EEC and 97/11/EC — Assessment of the
effects of certain public and private projects on the environ-
ment — Directive 80/68/EEC — Protection of groundwater
against pollution caused by certain dangerous substances —
Directive 91/271/EEC — Urban waste-water treatment —
Directive 91/676/EEC — Protection of waters against pollu-
tion caused by nitrates from agricultural sources — Pollution
caused by a pig farm)

(2005/C 271/01)

(Language of the case: Spanish)

2. Dismisses the remainder of the action;

3. Orders the Kingdom of Spain to bear two thirds of all the costs
and the Commission of the European Communities to bear the
other third;

4. Orders

the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

(1) OJ C 31 of 08. 02. 2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 15 September 2005

In Case C-416/02: Action under Article 226 EC for failure to
fulfil obligations, brought on 19 November 2002, Commission
of
the European Communities (Agent: G. Valero Jordana)
supported by United Kingdom of Great Britain and Northern
and subsequently C. White,
Ireland (Agents: K. Manji,
instructing D. Wyatt QC) v Kingdom of Spain (Agent: N. Díaz
Abad) — the Court (Third Chamber), composed of A. Rosas,
President of the Chamber, J.-P. Puissochet (Rapporteur), S. von
Judges; C. Stix-Hackl,
Bahr, U. Lõhmus and A. Ó Caoimh,
Advocate General; M. Ferreira, Principal Administrator, for the
Registrar, gave a judgment on 8 September 2005, in which it:

1. Declares that, by failing to ensure that urban waste water from
the agglomeration of Vera is subjected to such treatment as is
required by Article 5(2) of Council Directive 91/271/EEC of 21
May 1991 concerning urban waste-water treatment, that is to say
treatment which is more stringent than that described in Article 4
that directive, and by failing to designate the Rambla de
of
Mojácar as a vulnerable zone contrary to Article 3(1), (2) and (4)
of Council Directive 91/676/EEC of 12 December 1991
concerning the protection of waters against pollution caused by

in Case C-37/03 P: BioID AG v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Appeal — Community trade mark — Article 7(1)(b) of
Regulation (EC) No 40/94 — Word and figurative mark —
BioID — Absolute ground for refusal to register — Trade
mark devoid of any distinctive character)

(2005/C 271/02)

(Language of the case: German)

In Case C-37/03 P: appeal under Article 56 of the Statute of
the Court of Justice lodged at the Court on 3 February 2003 by
BioID AG, established in Berlin (Germany), in judicial liquida-
tion,
(Rechtsanwalt: A. Nordemann), the other party to the
proceedings being the Office for Harmonisation in the Internal
(Agents: A. von
Market (Trade Marks and Designs)

(OHIM)