Case C-481/22: Judgment of the Court (Ninth Chamber) of 25 January 2024 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 98/83/EC — Quality of water intended for human consumption — Article 4(1) — Obligation on Member States to take the measures necessary to ensure that water intended for human consumption is wholesome and clean — Annex I, Part B — Exceedance of limit values for concentrations of trihalomethanes in drinking water — Article 8(2) — Obligation on Member States to take the necessary remedial action as soon as possible to restore the quality of the water and to give priority to their enforcement action)
Date: 2024-01-25
Institutions: Court of Justice
Subjects: chemical compound, drinking water, health risk, infringement of EU law, national implementing measure, regions of Ireland, water pollution, water quality, water supply








C_202401827EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1827


11.3.2024





Judgment of the Court (Ninth Chamber) of 25 January 2024 — European Commission v Ireland
(Case C-481/22) (1)

(Failure of a Member State to fulfil obligations - Directive 98/83/EC - Quality of water intended for human consumption - Article 4(1) - Obligation on Member States to take the measures necessary to ensure that water intended for human consumption is wholesome and clean - Annex I, Part B - Exceedance of limit values for concentrations of trihalomethanes in drinking water - Article 8(2) - Obligation on Member States to take the necessary remedial action as soon as possible to restore the quality of the water and to give priority to their enforcement action)
(C/2024/1827)
Language of the case: English

Parties


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

Defendant: Ireland (represented by: M. Browne, Chief State Solicitor, A. Joyce and M. Tierney, acting as Agents, and by C. Donnelly, Senior Counsel, and D. Fennelly, Barrister-at-Law)

Operative part of the judgment

The Court:






1.


Declares that Ireland,






—


by failing to take the measures necessary to ensure that water intended for human consumption meets the minimum requirement relating to concentrations of trihalomethanes present therein, in accordance with the parametric values set out in Part B of Annex I to Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, in 21 public water supply zones, namely those in Schull, Drimoleague, Glenties-Ardara, Roundwood, Caragh Lake PWS 022A, Kilkenny City (Radestown) WS, Granard, Gowna, Staleen, Drumcondrath, Grangemore, Lough Talt Regional Water Supply, Ring/Helvick, Aughrim/Annacurra, Bray Direct, Greystones, Kilmacanogue, Newtown Newcastle, Enniskerry Public Supply, Wicklow Regional Public Supply and Ballymagroarty (Ireland), and in 9 private group water schemes, namely those in Crossdowney, Townawilly, Cloonluane (Renvyle), Lettergesh/Mullaghgloss, Bonane, Parke, Nephin Valley GWS, Curramore (Ballinrobe) and Keash (Ireland); and










—


by failing to ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water intended for human consumption in the aforementioned public water supply zones and private group water schemes and failing to give priority to its enforcement action, having regard inter alia to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health,




has failed to fulfil its obligations under Article 4(1) of Directive 98/83, in conjunction with Part B of Annex I to that directive, and Article 8(2) of that directive;










2.


Orders Ireland to pay the costs.






(1)  
            OJ C 398, 17.10.2023.


ELI: http://data.europa.eu/eli/C/2024/1827/oj
ISSN 1977-091X (electronic edition)