CELEX: C2004/228/02
Language: en
Date: 2004-09-11 00:00:00
Title: Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-272/01: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Directive 76/160/EEC — Quality of bathing water — Failure to conform to limit values — Failure to identify all inland bathing areas in Portugal — Failure to collect a sufficient number of samples)

11.9.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/1
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 15 July 2004
   in Case C-272/01: Commission of the European Communities v Portuguese Republic (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 76/160/EEC - Quality of bathing water - Failure to conform to limit values - Failure to identify all inland bathing areas in Portugal - Failure to collect a sufficient number of samples)
   (2004/C 228/02)
   Language of the case: Portuguese
   In Case C-272/01: Commission of the European Communities (Agents: M.T. Figueira and G. Valero Jordana) against Portuguese Republic (Agents: L. Fernandes, M. Telles Romão and M. João Lois) — application for a declaration by the Court that:
   
               —
            
            
               by failing to adopt all the measures necessary to ensure that the quality of bathing water conforms to the values laid down in Article 3 of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ 1976 L 31, p. 1),
            
         
               —
            
            
               by failing to take samples at the minimum frequencies laid down in the annex to that directive, and
            
         
               —
            
            
               by failing to identify all the inland bathing areas in Portugal,
            
         the Portuguese Republic has failed to fulfil its obligations under Article 4(1), in conjunction with Articles 1(2) and 3 and the annex to the directive, and under Article 6(1) and (2) of the directive
   the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, J. P. Puissochet, J.N. Cunha Rodrigues and N. Colneric (Rapporteur), Judges; P. Léger, Advocate General; R. Grass, Registrar, has given a judgment on 15 July 2004 in which it:
   
               1.
            
            
               Declares that, by failing to take all the measures necessary to ensure that the quality of bathing water complies with the mandatory limit values laid down under Article 3 of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water, the Portuguese Republic has failed to fulfil its obligations under Article 4(1) of the Directive, in conjunction with Article 3 and the Annex to that Directive;
            
         
               2.
            
            
               Dismisses the remainder of the application;
            
         
               3.
            
            
               Orders each party to bear its own costs.
            
         
      (1)  OJ C 245 of 1.9.2001.