Case C-268/23: Action brought on 26 April 2023 — European Commission v French Republic
Date: 2023-04-26
Institutions: Court of Justice
Subjects: environmental monitoring, infringement of EU law, national implementing measure, pollution control measures, urban centre, wastewater, water pollutant, water pollution, water treatment








C_2023252EN.01003101.xml










17.7.2023   


EN


Official Journal of the European Union


C 252/31






Action brought on 26 April 2023 — European Commission v French Republic
(Case C-268/23)
(2023/C 252/34)
Language of the case: French

Parties


Applicant: European Commission (represented by: E. Sanfrutos Cano and C. Valero, acting as Agents)

Defendant: French Republic

Form of order sought

The European Commission claims that the Court should:






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declare that, in not having taken the measures necessary to:






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ensure that, by 31 December 2000 at the latest, in 23 agglomerations referred to in the present application of 15 000 population equivalent and above, collected urban waste water, before being discharged, is subject to secondary treatment in accordance with Article 4 of Directive 91/271/EEC (1) conforming to the parameters set out in Annex I.B to that directive or an equivalent treatment;










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ensure that, by 31 December 2005 at the latest, in 6 agglomerations referred to in the present application of between 10 000 and 15 000 population equivalent, collected urban waste water, before being discharged, is subject to secondary treatment in accordance with Article 4 of Directive 91/271 conforming to the parameters set out in Annex I.B to that directive or an equivalent treatment;










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ensure that, by 31 December 2005 at the latest, in 58 agglomerations referred to in the present application of between 2 000 and 10 000 population equivalent and which discharge to fresh-water and estuaries, collected urban waste water, before being discharged, is subject to secondary treatment in accordance with Article 4 of Directive 91/271 conforming to the parameters set out in Annex I.B to that directive or an equivalent treatment;










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ensure that, by 31 December 1998 at the latest, in 13 agglomerations referred to in the present application of 10 000 population equivalent and above and which discharge urban waste water to receiving waters classified as ‘sensitive areas’ within the meaning of Directive 91/271, the said urban water is subject to more stringent treatment than secondary treatment or an equivalent treatment in accordance with Article 5 of Directive 91/271 in conformity with the parameters prescribed in Annex I.B thereto;










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ensure that the urban waste water treatment plants of the 87 agglomerations identified in the present application are designed, constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions and that their design takes into account seasonal variations of the load in accordance with Article 10 of Directive 91/271;










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ensure that competent authorities or appropriate bodies monitor discharges from urban waste water treatment plants of the 87 agglomerations identified in that application to verify compliance with the requirements of Annex I.B in accordance with the control procedures laid down in Annex I.D, as is required by the first indent of Article 15(1) of Directive 91/271;




the French Republic has failed to fulfil its obligations under Article 4 and/or Article 5, read in combination with Annex I.B, and under Article 10 and Article 15, read in combination with Annexes I.B and I.D to Directive 91/271,










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order the French Republic to pay the costs.





Pleas in law and main arguments

The Commission puts forward four main complaints.
First, the French Republic has failed to take the measures necessary to ensure that, in 87 agglomerations, collected urban waste water, before being discharged, is subject to secondary treatment in accordance with Article 4 of Directive 91/271, in conformity with the parameters set out in Annex I.B to that directive or an equivalent treatment.
Second, France has failed to take the measures necessary to ensure that, in 13 agglomerations which discharge urban waste water to sensitive areas, the said waste water is subject, before being discharged, to more stringent treatment than secondary treatment or an equivalent treatment in accordance with Article 5 of Directive 91/271 in conformity with the parameters prescribed in Annex I.B thereto.
Third, France has failed to take the measures necessary to ensure that, in 87 agglomerations, urban waste water treatment plants are designed, constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions and that their design takes into account seasonal variations of the load in accordance with Article 10 of Directive 91/271.
Fourth, France has failed to take the measures necessary to ensure that competent authorities or appropriate bodies monitor discharges from urban waste water treatment plants in 87 agglomerations to verify compliance with the requirements of Annex I.B in accordance with the control procedures laid down in Annex I.D, as is required by the first indent of Article 15(1) of Directive 91/271.


(1)  Council Directive of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40).