Case C-526/08: Judgment of the Court (Grand Chamber) of 29 June 2010 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Admissibility — Non bis in idem — Res judicata — Articles 226 EC and 228 EC — Article 29 of the Rules of Procedure — Language of the case — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Non-compliance of national measures with the rules relating to the periods, conditions and techniques of land application of fertiliser — Minimum storage capacity for liquid manure — Prohibition on land application on steeply sloping ground — Techniques ensuring a uniform and effective land application of fertiliser)
Date: 2010-06-29
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, chemical fertiliser, organic fertiliser, regulation of agricultural production








C_2010234EN.01001001.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/10





Judgment of the Court (Grand Chamber) of 29 June 2010 — European Commission v Grand Duchy of Luxembourg
(Case C-526/08) (1)

(Failure of a Member State to fulfil obligations - Admissibility - Non bis in idem - Res judicata - Articles 226 EC and 228 EC - Article 29 of the Rules of Procedure - Language of the case - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Non-compliance of national measures with the rules relating to the periods, conditions and techniques of land application of fertiliser - Minimum storage capacity for liquid manure - Prohibition on land application on steeply sloping ground - Techniques ensuring a uniform and effective land application of fertiliser)
2010/C 234/14
Language of the case: French

Parties


Applicant: European Commission (represented by: S. Pardo Quintillán, N. von Lingen and B. Smulders, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent, and P. Kinsch, avocat)

Re:

Failure to fulfil obligations — Failure to adopt the laws, regulations and administrative provisions necessary to comply fully and properly with Articles 4 and 5, in conjunction with Annex II A(1) and Annex III 1(1), Annex II A(5) and Annex III 1(2), Annex II A(2) and Annex II A(6) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ 1991 L 375, p. 1) — Procedures, conditions and periods of land application of fertilisers — Minimum manure storage capacity — Prohibition of land application on steeply sloping grounds — Techniques for ensuring uniform and efficient land application of fertilisers

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Articles 4 and 5 of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, in conjunction with Annex II A(1), (2), (5) and (6), and Annex III(1)(1) and (2) thereto, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;










2.


Orders the Grand Duchy of Luxembourg to pay the costs.






(1)  OJ C 44, 21.2.2009.