Case C-148/05: Judgment of the Court (Fourth Chamber) of 14 June 2007 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil its obligations — Directive 79/923/EEC — Quality of shellfish waters — Designation of shellfish waters — Pollution reduction programmes — Setting control parameters)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, quality standard, shellfish farming, water analysis, water pollution

4.8.2007

EN

Official Journal of the European Union

C 183/3

Judgment of the Court (Third Chamber) of 14 June 2007 —
the European Communities v United
Commission of

Judgment of the Court (Fourth Chamber) of 14 June 2007
— Commission of the European Communities v Ireland

Kingdom of Great Britain and Northern Ireland

(Case C-127/05) (1)

(Failure of a Member State to fulfil obligations — Social
policy — Protection of the safety and health of workers —
Directive 89/391/EEC — Article 5(1) — Employer's duty to
ensure the safety and health of workers in every aspect related
to the work — Employer's liability)

(Case C-148/05) (1)

(Failure of a Member State to fulfil its obligations — Directive
79/923/EEC — Quality of shellfish waters — Designation of
shellfish waters — Pollution reduction programmes — Setting
control parameters)

(2007/C 183/04)

Language of the case: English

(2007/C 183/03)

Language of the case: English

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Doherty and D. Recchia, Agents)

Defendant: Ireland (represented by: D. O'Hagan, acting as Agent,
and N.J. Travers BL)

Applicant: Commission of the European Communities (repre-
sented by: M.-J. Jonczy and N. Yerrell, Agents)

Re:

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: C. Gibbs, Agent, D. Anderson, QC, and
D. Barr, Barrister)

Failure of a Member State to fulfil obligations — Incomplete
transposition of Articles 3, 4 and 5 of Council Directive
79/923/EEC of 30 October 1979 on the quality required of
shellfish waters (OJ 1979 L 281, p. 47) — Failure to designate
certain shellfish waters,
pollution-reduction
establish
programmes and to set control parameters

to

Re:

Operative part of the judgment

Failure of a Member State to fulfil obligations — Infringement
of Article 5(1) and (4) of Council Directive 89/391/EEC of
12 June 1989 on the introduction of measures to encourage
improvements in the safety and health of workers at work
legislation restricting the
(OJ 1989 L 183, p. 1) — National
duty on employers to ensure the safety and health of workers in
every aspect related to work

Operative part of the judgment

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 143, 11.6.2005.

The Court:

1. Declares that, by failing:

— in accordance with Article 4 of Council Directive 79/923/EEC
of 30 October 1979 on the quality required of shellfish waters,
to designate all shellfish waters requiring designation;

— in accordance with Article 3 of Directive 79/923, to set all the
required values in respect of shellfish waters designated or
requiring designation pursuant to Article 4; and

— in accordance with Article 5 of Directive 79/923, to take all
necessary measures to establish pollution reduction programmes
for waters requiring designation pursuant to Article 4,

Ireland has failed to fulfil its obligations under that directive.

2. Orders Ireland to pay the costs.

(1) OJ C 69, 19.3.2005.