Case C-390/07: Judgment of the Court (Third Chamber) of 10 December 2009 — European Commission v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Environment — Directive 91/271/EEC — Urban waste water treatment — Article 3(1) and (2), Article 5(1) to (3) and (5) and Annexes I and II — Initial failure to identify sensitive areas — Concept of eutrophication — Criteria — Burden of proof — Relevant date when considering the evidence — Implementation of collection obligations — Implementation of more stringent treatment of discharges into sensitive areas)
Date: 2009-12-10
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, eutrophication, sensitive area, urban area, wastewater, water treatment








C_2010024EN.01000401.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/4





Judgment of the Court (Third Chamber) of 10 December 2009 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-390/07) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 91/271/EEC - Urban waste water treatment - Article 3(1) and (2), Article 5(1) to (3) and (5) and Annexes I and II - Initial failure to identify sensitive areas - Concept of ‘eutrophication’ - Criteria - Burden of proof - Relevant date when considering the evidence - Implementation of collection obligations - Implementation of more stringent treatment of discharges into sensitive areas)
2010/C 24/05
Language of the case: English

Parties


Applicant: European Commission (represented by: S. Pardo Quintillán, X. Lewis and H. van Vliet, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: C. Gibbs and V. Jackson, Agents, D. Anderson QC and S. Ford, Barrister)

Intervener in support of the defendant: Portuguese Republic (represented by: L. Inez Fernandes and M.J. Lois, Agents)

Re:

Failure of a Member State to fulfil obligations — Articles 3(1) and (2) and 5(1) to (3) and (5) of, and Annex II to, Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40) — Failure to identify certain areas as sensitive areas with respect to eutrophication and to subject urban waste water from agglomerations with a population equivalent of more than 10 000 to more stringent treatment where it is discharged into sensitive areas or areas which should have been identified as sensitive.

Operative part of the judgment

The Court:






1.


Declares that, by having failed to subject discharges of urban waste water from Craigavon (Ballynacor and Bullay’s Hill treatment plants) and Magherafelt to more stringent treatment, the United Kingdom of Great Britain and Northern Ireland 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;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission to pay the costs of the United Kingdom of Great Britain and Northern Ireland;










4.


Orders the Portuguese Republic to bear its own costs.






(1)  OJ C 283, 24.11.2007.