Judgment of the Court (Second Chamber) of 2 June 2005 in Case C-282/02: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Water pollution — Directive 76/464/EEC)
Date: 2005-11-12
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, phosphorus, water pollution

C 281/2

EN

Official Journal of the European Union

12.11.2005

Sixth Chamber

Mr La Pergola

Mr Puissochet

Mr von Bahr

Mr Borg Barthet

Mr Lõhmus

Mr Ó Caoimh

1. Declares that, in failing to take all of the measures necessary to
ensure a correct transposition and application of Council Directive
76/464/EEC of 4 May 1976 on pollution caused by certain
dangerous substances discharged into the aquatic environment of
the Community, Ireland has failed to comply with its obligations
under Article 7 of that directive;

2. Dismisses the remainder of the action;

3. Orders Ireland to pay the costs.

(1) OJ C 261 of 26.10.2002.

Appointment of the First Advocate General

JUDGMENT OF THE COURT

(2005/C 281/03)

Pursuant to the third subparagraph of Article 10(1) of the
Rules of Procedure, the Court of Justice has appointed, for a
period of one year from 7 October 2005, Ms Stix-Hackl as
First Advocate General.

JUDGMENT OF THE COURT

(Second Chamber)

of 2 June 2005

in Case C-282/02: Commission of the European Commu-
nities v Ireland (1)

(Failure of a Member State to fulfil obligations — Water
pollution — Directive 76/464/EEC)

(2005/C 281/04)

(Language of the case: English)

In Case C-282/02, action under Article 226 EC for failure to
fulfil obligations, brought on 31 July 2002, Commission of
the European Communities (Agent: M. Shotter) v Ireland
(Agent: D.J. O'Hagan, assisted by A.M. Collins,
the
Court (Second Chamber), composed of C.W.A. Timmermans,
President of the Chamber, R. Silva de Lapuerta, C. Gulmann, J.
Makarczyk and P. Kūris, Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, gave a judgment on 2 June 2005,
in which it:

lawyer)

(Second Chamber)

of 8 September 2005

in Case C-191/03 (Reference for a preliminary ruling from
the Labour Court): North Western Health Board v
Margaret McKenna (1)

(Equal pay for men and women — Illness arising prior to
maternity leave — Pregnancy-related illness — Person
subject to the general sick-leave scheme — Effect on pay —
Absence offset against the maximum total number of days of
paid sick leave over a specified period)

(2005/C 281/05)

(Language of the case: English)

In Case C-191/03: reference for a preliminary ruling under
Article 234 EC from the Labour Court (Ireland), made by deci-
sion of 14 April 2003, received at the Court on 12 May 2003,
in the proceedings pending before that court between North
Western Health Board and Margaret McKenna — the Court
(Second Chamber) composed of: C.W.A. Timmermans, Presi-
dent of
the Chamber, C. Gulmann (Rapporteur) and R.
Schintgen, Judges; P. Léger, Advocate General, L. Hewlett, Prin-
cipal Administrator, for the Registrar, gave a judgment on 8
September 2005, the operative part of which is as follows:

1. A sick-leave

scheme which treats

identically female workers
suffering from a pregnancy-related illness and other workers
suffering from an illness that is unrelated to pregnancy comes
within the scope of Article 141 EC and Council Directive
75/117/EEC of 10 February 1975 on the approximation of the
laws of the Member States relating to the application of the prin-
ciple of equal pay for men and women.