Case C-154/25: Action brought on 21 February 2025 – European Commission v French Republic
Date: 2025-02-21
Institutions: Court of Justice
Subjects: chemical salt, consumer information, drinking water, health risk, infringement of EU law, water pollutant, water pollution, water quality, water supply, water treatment








C_202502183EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2183


22.4.2025






Action brought on 21 February 2025 – European Commission v French Republic


(Case C-154/25)

(C/2025/2183)
Language of the case: French

Parties


Applicant: European Commission (represented by: E. Sanfrutos Cano, M. Owsiany-Hornung, acting as Agents)

Defendant: French Republic

Form of order sought

The Commission claims that the Court should:






(1)


find that:






—


by not taking the measures necessary to ensure that water intended for human consumption complies with the minimum requirements concerning the parametric value for nitrates with regard to the 107 drinking water distribution units identified in the application;










—


by not taking remedial action as soon as possible to restore the quality of water intended for human consumption with regard to those 107 drinking water distribution units, and by not giving priority to its enforcement, having regard to, inter alia, the extent to which the relevant parametric value has been exceeded and the associated potential danger to human health; and










—


by not restricting the use of water intended for human consumption which chronically exceeds the parametric value for nitrates or by not taking any other action that is necessary to protect human health, and by not sufficiently informing consumers,




the French Republic has failed to fulfil its obligations under Article 4(1), read in conjunction with Part B of Annex I to, and Article 14(2) and (3) of, Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption. (1)











(2)


order the French Republic to pay the costs.





Pleas in law and main arguments

In support of its action, the Commission raises three main grounds for complaint.
First, the Commission takes the view that the French Republic has failed to fulfil its obligations stemming from Article 4(1), read in conjunction with Part B of Annex I to Directive 2020/2184. Article 4(1) of that directive requires Member States to ensure that water intended for human consumption is wholesome and clean and stipulates that, in order for such water to be considered wholesome and clean, multiple requirements are to be met, including the minimum requirements set out in Part B of Annex I. The relevant section of that annex sets the maximum value for nitrates at 50 mg per litre. The Commission takes the view that, at the end of the period set in the reasoned opinion, 107 drinking water distribution units in France were still not in compliance with those obligations in so far as they chronically exceeded the maximum value laid down for nitrates.
Second, according to the Commission, the French Republic has failed to comply with its obligations under Article 14(2) of Directive 2020/2184, in so far as it has not taken remedial action as soon as possible to restore the quality of water intended for human consumption or given priority to its enforcement, having regard to, inter alia, the extent to which the relevant parametric value has been exceeded and the associated potential danger to human health. The Commission argues in particular that the long period of non-compliance in the drinking water distribution units concerned is itself evidence of a failure to comply with the duty to proceed expeditiously set out in Article 14(2) of the directive.
Third, the Commission submits that, by not restricting the use of water intended for human consumption which persistently exceeds the maximum value set for nitrates, or by not taking any other action necessary to protect human health, and by not sufficiently informing consumers, the French Republic has failed to comply with its obligations under Article 14(3) of Directive 2020/2184. That provision requires Member States, where the supply of water intended for human consumption constitutes a potential danger to human health, to put in place prohibitions on, or measures restricting, supply, and to take any other remedial action that is necessary to protect human health. In addition, it is stated that a failure to meet the minimum requirements for parametric values set out in Parts A and B of Annex I is to be considered a potential danger to human health, except where the competent authority considers the non-compliance with the parametric value to be trivial. The Commission argues that the systematic and chronic exceedance of the maximum value laid down for nitrates in the 107 drinking water distribution units referred to by the application is liable to pose a potential danger to human health. In the opinion of the Commission, the action taken by the French Republic and the advice given to the population do not in all cases meet the requirements of the directive.


(1)  
            OJ 2020 L 435, p. 1.


ELI: http://data.europa.eu/eli/C/2025/2183/oj
ISSN 1977-091X (electronic edition)