Case C-197/22: Judgment of the Court (Tenth Chamber) of 7 September 2023 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directive 98/83/EC — Water intended for human consumption — Article 4(1)(b) — Measures necessary to ensure water quality — Compliance with the minimum requirements set out in Annex I, Parts A and B — Article 8(2) — Adoption of the necessary remedial action as soon as possible — Obligation to achieve a result — Annex 1, Part B — Parametric values for arsenic and fluoride — Concentrations above those values — Continued exceeding of those values)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: chemical salt, drinking water, infringement of EU law, national implementing measure, regions of Italy, semi-metal, water pollutant, water pollution, water quality








C_202300196EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/196


23.10.2023





Judgment of the Court (Tenth Chamber) of 7 September 2023 — European Commission v Italian Republic
(Case C-197/22) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 98/83/EC - Water intended for human consumption - Article 4(1)(b) - Measures necessary to ensure water quality - Compliance with the minimum requirements set out in Annex I, Parts A and B - Article 8(2) - Adoption of the necessary remedial action as soon as possible - Obligation to achieve a result - Annex 1, Part B - Parametric values for arsenic and fluoride - Concentrations above those values - Continued exceeding of those values)
(C/2023/196)
Language of the case: Italian

Parties


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

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by E. Feola and M. Russo, avvocati dello Stato)

Operative part of the judgment

The Court:






1.


Declares that the Italian Republic failed to meet its obligations under:






—


Article 4(1) of Directive 98/83/EC on the quality of water intended for human consumption in combination with Annex I, Part B, thereto, by failing to take the remedial action to ensure that the parametric values set out in Annex I, Part B, to that directive were not exceeded, first, in so far as concerns the concentration level of arsenic in water in the Comune di Bagnoregio from 2018 onwards, the Comune di Civitella d’Agliano in the first half of 2018, the second half of 2019 and from 2020 onwards with the exception of the second half of 2021, the Comune di Fabrica di Roma in 2013 and from 2015 onwards, the Comune di Farnese in 2013 and then from 2018 onwards, the Comune di Ronciglione in 2013, the first half of 2018, the first half of 2019 and from 2020 onwards, and the Comune di Tuscania from 2018 until today with the exception of the first half of 2019, and, second, in so far as concerns the concentration levels of fluoride in water in the Comune di Bagnoregio from 2018 to the first half of 2019 and the Comune di Fabrica di Roma in 2018, the first half of 2019 and the second half of 2021; and










—


Article 8(2) of Directive 98/83, by failing to ensure that the necessary remedial action be taken as soon as possible to restore the quality of the water intended for human consumption in the Comune di Bagnoregio, the Comune di Civitella d’Agliano, the Comune di Fabrica di Roma, the Comune di Farnese, the Comune di Ronciglione and the Comune di Tuscania, in so far as concerns the concentration level of arsenic in that water, and in the Comune di Bagnoregio and the Comune di Fabrica di Roma, in so far as concerns the concentration level of fluoride in water in those communes.














2.


Orders the Italian Republic to pay the costs.






(1)  
            OJ C 171, 25.4.2022.


ELI: http://data.europa.eu/eli/C/2023/196/oj
ISSN 1977-091X (electronic edition)