Case C-311/25: Action brought on 30 April 2025 – European Commission v Republic of Poland
Date: 2025-04-30
Institutions: Court of Justice
Subjects: infringement of EU law, national implementing measure, pollution control measures, wastewater, water pollution, water treatment








C_202503635EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3635


14.7.2025






Action brought on 30 April 2025 – European Commission v Republic of Poland


(Case C-311/25)

(C/2025/3635)
Language of the case: Polish

Parties


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

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:






—


declare that






(a)


by failing to ensure that all waste water produced in 941 agglomerations listed in the application was disposed of, the Republic of Poland has failed to fulfil its obligations under Article 3(1) of Directive 91/271/EEC (1) in conjunction with section A of Annex I to that directive;










(b)


by failing to adopt, with regard to the 1 020 agglomerations listed in the application, measures necessary for the treatment of the waste water in those agglomerations, the Republic of Poland has failed to fulfil its obligations under Article 4(1) and (3) and Article 10 of Directive 91/271/EEC in conjunction with section B of Annex I to that directive;










(c)


by failing to adopt, with regard to the 336 agglomerations listed in the application, measures necessary for the treatment of the waste water in those agglomerations, the Republic of Poland has failed to fulfil its obligations under Article 5 and Article 10 of Directive 91/271/EEC, in conjunction with section B of Annex I to that directive;














—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

In support of its application, the Commission puts forward three pleas alleging infringement of Directive 91/271/EEC.
In its first plea, the Commission submits that by failing to ensure that all waste water produced in the 941 agglomerations listed in the application was disposed of, the Republic of Poland has failed to fulfil its obligations under Article 3(1) of Directive 91/271/EEC in conjunction with section A of Annex I to that directive. Article 3 of Directive 91/271/EEC concerning the treatment of urban waste water imposes on the Member State a clear and unambiguous obligation as to result to be achieved, to the effect that by 31 December 2005 at the latest, all waste water produced by agglomerations with a population equivalent of more than 2 000 was to be contained in collecting systems for urban waste water. In accordance with the provisions of the Treaty on the adhesion of Poland, by derogation from Article 3 of Directive 91/271/EEC, the requirements as to the collecting systems are fully applicable in Poland from 31 December 2015. That means that, as of 31 December 2015, Poland had to ensure that all the agglomerations with a population equivalent of more than 2 000 were equipped with collecting systems for urban waste water. By derogation, the third subparagraph of Article 3(1) provides for an exception from the obligation to establish a collecting system where ‘it would produce no environmental benefit or because it would involve excessive cost’. In such duly justified cases, it is possible to use ‘individual systems or other appropriate systems which achieve the same level of environmental production’.
In its second plea, the Commission submits that, by failing to adopt, with regard to the 1 020 agglomerations listed in the application, measures necessary for the treatment of waste water in those agglomerations, the Republic of Poland has failed to fulfil its obligations under Article 4(1) and (3) and Article 10 of Directive 91/271/EEC, read in conjunction with section B of Annex I to that directive. Under Article 4(1) of Directive 91/271/EEC, the Member States are to ensure that urban waste water entering collecting systems is before discharge to be subject to secondary treatment or an equivalent treatment. In accordance with Article 2(8) of Directive 91/271, ‘secondary treatment’ means treatment of urban waste water by a process generally involving biological treatment with a secondary settlement or other process in which the requirements established in Table 1 of Annex I are respected. In accordance with Article 4(3) of Directive 91/271, discharges from urban waste water treatment plants of the agglomerations concerned must satisfy the relevant requirements of section B of Annex I to that directive.
By its third plea, the Commission submits that, by failing to adopt, with regard to the 336 agglomerations listed in the application, measures necessary for the treatment of waste water in those agglomerations, the Republic of Poland has failed to fulfil its obligations under Article 5 and Article 10 of Directive 91/271/EEC, read in conjunction with section B of Annex I thereto. Article 5(2) of that directive requires Member States to ensure that urban waste water entering collecting systems must, before discharge into sensitive area, by subject to more stringent treatment than that described in Article 4 for all discharges from agglomerations with a population equivalent of more than 10 000. Article 5(3) of Directive 91/271 requires that discharges from urban waste water treatment plants into sensitive areas must meet the relevant requirements of section B of Annex I. Article 5(5) of that directive provides that Article 5(2), (3) and (4) of that directive are to apply to discharges of urban waste water treatment plants which are situated in the relevant catchment areas of sensitive areas and which contribute to the pollution of those areas.
The Commission sent a letter of formal notice to the Republic of Poland on 26 January 2018. On 14 May 2020, the Commission sent a reasoned opinion to the Republic of Poland. Having analysed the replies provided, the analytical data sent and the other information available, the Commission reached the conclusion that the infringement of Article 3 of Directive 91/271/EEC, read in conjunction with Annex I, section A thereto, of Article 4(1) and (3) and of Article 10 of that directive, read in conjunction with Annex I, section B thereto, and of Article 5 and Article 10 of that directive, read in conjunction with Annex I, section B thereto, still continued so far as concerns the agglomerations listed in the application.


(1)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40).


ELI: http://data.europa.eu/eli/C/2025/3635/oj
ISSN 1977-091X (electronic edition)