Case C-374/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Domestic waste waters discharged through septic tanks in the countryside — Judgment of the Court finding that a Member State has failed to fulfil obligations — Article 260(2) TFEU — Measures to ensure compliance with a judgment of the Court — Financial penalties — Penalty payment — Lump sum)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: Ireland, decontamination, infringement of EU law, periodic penalty payment








C_2013046EN.01000901.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/9





Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland
(Case C-374/11) (1)

(Failure of a Member State to fulfil obligations - Directive 75/442/EEC - Domestic waste waters discharged through septic tanks in the countryside - Judgment of the Court finding that a Member State has failed to fulfil obligations - Article 260(2) TFEU - Measures to ensure compliance with a judgment of the Court - Financial penalties - Penalty payment - Lump sum)
2013/C 46/15
Language of the case: English

Parties


Applicant: European Commission (represented by: E. White, acting as Agent)

Defendant: Ireland (represented by: D. O’Hagan and E. Creedon, acting as Agents, A. Collins, SC, and M. Gray, BL)

Re:

Failure of a Member State to fulfil obligations — Non-compliance with the judgment of the Court of 29 October 2009 in Case C-188/08 Commission v Ireland, concerning infringement of Articles 4, 7, 8, 9, 10, 11, 12, 13 and 14 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), as regards domestic waste waters discharged through septic tanks — Waste not covered by other legislation — Application for the imposition of a periodic penalty payment and the payment of a lump sum

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt all of the measures necessary to ensure compliance with the judgment of 29 October 2009 in Case C-188/08 Commission v Ireland establishing that Ireland has failed to fulfil its obligations under Articles 4 and 8 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, Ireland has failed to fulfil its obligations under Article 260(1) TFEU;










2.


Orders Ireland to pay to the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 12 000 for each day of delay in adopting the measures necessary to ensure compliance with the judgment in Case C-188/08 Commission v Ireland, with effect from the date on which judgment is delivered in the present case until the date of full compliance with the judgment in Case C-188/08 Commission v Ireland;










3.


Orders Ireland to pay to the European Commission, into the ‘European Union own resources’ account, the lump sum of EUR 2 000 000;










4.


Orders Ireland to pay the costs.






(1)  OJ C 282, 24.9.2011.