Case C-515/23: Judgment of the Court (Sixth Chamber) of 27 March 2025 – Commission v Italy (Urban waste-water treatment) (Failure of a Member State to fulfil obligations – Urban waste-water treatment – Directive 91/271/EEC – Articles 4, 5 and 10 – Pollution of sensitive areas – Urban waste-water treatment plants – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260(2) TFEU – Financial penalties – Periodic penalty payment – Lump sum)
Date: 2025-03-27
Institutions: Court of Justice
Subjects: infringement of EU law, national implementing measure, pollution control measures, urban area, urban infrastructure, wastewater, water pollution, water treatment








C_202502826EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2826


2.6.2025






Judgment of the Court (Sixth Chamber) of 27 March 2025 – Commission v Italy (Urban waste-water treatment)


(Case C-515/23)
                (1)

(Failure of a Member State to fulfil obligations - Urban waste-water treatment - Directive 91/271/EEC - Articles 4, 5 and 10 - Pollution of sensitive areas - Urban waste-water treatment plants - Judgment of the Court establishing a failure to fulfil obligations - Non-implementation - Article 260(2) TFEU - Financial penalties - Periodic penalty payment - Lump sum)
(C/2025/2826)
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 M. Di Benedetto, M. Russo and F. Severi, avvocati dello Stato)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt all the measures necessary to ensure compliance with the judgment of 10 April 2014, Commission v Italy (C-85/13, EU:C:2014:251), the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU;










2.


Orders the Italian Republic to pay to the European Commission a lump sum of EUR 10 million;










3.


Orders the Italian Republic, if the failure to fulfil obligations established in paragraph 1 has continued until the day of delivery of the present judgment, to pay to the European Commission a penalty payment of EUR 13 687 500 for every six months of delay in implementing the measures necessary to comply with the judgment of 10 April 2014, Commission v Italy (C-85/13, EU:C:2014:251), from the date of delivery of the present judgment until the full compliance with the judgment of 10 April 2014, Commission v Italy (C-85/13, EU:C:2014:251), the actual amount of which must be calculated at the end of each six-month period by reducing the total amount relating to each of those periods by a percentage corresponding to the proportion representing the number of population equivalents of the agglomerations whose urban waste water collection and treatment systems have been brought into line with the judgment of 10 April 2014, Commission v Italy (C-85/13, EU:C:2014:251), at the end of the period under consideration in relation to the number of population equivalents of the agglomerations not having such systems on the day of delivery of the present judgment;










4.


Orders the Italian Republic to pay the costs.






(1)  OJ C C/2023/16.


ELI: http://data.europa.eu/eli/C/2025/2826/oj
ISSN 1977-091X (electronic edition)