Case C-335/07: Action brought on 18 July 2007 — Commission of the European Communities v Republic of Finland
Date: 2007-10-06
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, wastewater, water treatment

6.10.2007

EN

Official Journal of the European Union

C 235/9

3. If the provision referred to in the second question is to be or
could be classified as a ‘service’, is Article 1(4) of the direc-
tive — as distinct from a ‘framework agreement’ within the
meaning of Article 1(5) of the directive — to be interpreted
as meaning that a ‘service concession’ also includes the
award of a contract in the form where

— the decision on whether and in what cases the contractor
taken not by the

is awarded specific contracts
contracting authority, but by third parties,

is

Action brought on 18 July 2007 — Commission of the
European Communities v Republic of Finland

(Case C-335/07)

(2007/C 235/15)

Language of the case: Finnish

— the contractor

is paid by the contracting authority
because by law only that authority is liable to pay remu-
neration and is required to provide the service to third
parties, and

— the contractor does not have to provide, or offer as avail-
able, services of any kind prior to their use by the third
parties?

Parties

(1) OJ L 134, p. 114.

Applicant: Commission of the European Communities (repre-
sented by:
I. Koskinen, M. Patakia and S. Pardo Quintillán,
acting as Agents)

Defendant: Republic of Finland

Form of order sought

Reference for a preliminary ruling from the Tribunale
Amministrativo Regionale per la Lombardia (Italy) lodged
on 12 July 2007 — Termoraggi SpA v Comune di Monza
and Others

(Case C-323/07)

(2007/C 235/14)

Language of the case: Italian

— declare that, by failing to require that urban waste water
entering collecting systems from all agglomerations of more
than 10 000 p.e be subject to more stringent treatment, the
Republic of Finland has failed to fulfil its obligations under
Article 5(2), (3) and (5) of Council Directive 91/271/EEC of
21 May 1991 concerning urban waste-water treatment (1);

— order the Republic of Finland to pay the costs.

Referring court

Pleas in law and main arguments

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings

Applicant: Termoraggi SpA

Defendant: Comune di Monza and Others

Question referred

Is Article 6 of Directive 92/50/EEC (1) of 18 June 1992 to be
regarded as applying to the question at issue in the present
proceedings, and what interpretation is to be given to that
article for the purposes of determining whether the contested
measures are compatible with the Community legislation, in the
terms stated in the grounds [of the Order]?

All aquatic environments in Finland must be regarded as ‘sensi-
It
tive areas’ within the meaning of Directive 91/271/EEC.
follows that the obligation to ensure that all urban waste waters
entering collecting systems which originate from agglomerations
of more than 10 000 p.e are to be subject to more stringent
treatment is applicable to all Finnish territory. Nitrogen is an
important factor in eutrophication in parts of Selkämeri and a
dominant factor in Saaristomeri and the Gulf of Finland. In the
springtime, the capacity to treat nitrogen is reduced in the
central area of the Baltic Sea. The eutrophication in those areas
is indisputable. A reduction in the nitrogen and phosphorus
loads would help to prevent phytoplankton bloom in the spring
and summer. The Republic of Finland has infringed Article 5(2),
(3) and (5) of Directive 91/271/EEC in that it failed to ensure
that all nitrogen was removed from all urban waste water
entering collection systems and which originate from agglom-
erations of more than 10 000 p.e.

(1) OJ L 209, 24.7.1992, p. 1.

(1) OJ 1991 L 135, p. 40.