CELEX: 62009CJ0526
Language: en
Date: 2010-12-02
Title: Judgment of the Court (Sixth Chamber) of 2 December 2010. # European Commission v Portuguese Republic. # Failure of a Member State to fulfil its obligations - Environment - Directive 91/271/EEC - Urban waste-water treatment - Article 11(1) and (2) - Discharge of industrial waste water into collecting systems and urban waste water treatment plants - Subject to prior regulations and/or specific authorisations - Lack of authorisation. # Case C-526/09.

Judgment of the Court (Sixth Chamber) of 2 December 2010 – Commission v Portugal
      (Case C-526/09)
      Failure of a Member State to fulfil obligations – Environment – Directive 91/271/EEC – Urban waste-water treatment – Article 11(1) and (2) – Discharge of industrial waste water into collecting systems and urban waste water treatment plants – Subject to prior regulations and/or specific authorisations – Lack of authorisation
      1.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission – Production of evidence
            showing failure – Incumbent on Member State concerned to refute evidence (Art. 258 TFEU; Council Directive 91/271, Art. 11(1)
            and (2)) (see paras 21-22, 32)
      2.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; Council Directive 91/271, Art. 11(1)
            and (2)) (see paras 24-25)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Article 11(1) and (2) of Council Directive 91/271/EEC of
                  21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40) – Licence to discharge waste water – ‘Estação de
                  Serviço Sobritos’.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by permitting the discharge of industrial waste water from the industrial site of Estação de Serviço Sobritos
                     Lda, situated in the Matosinhos urban area, without adequate authorisation to that effect, the Portuguese Republic has failed
                     to fulfil its obligations under Article 11(1) and (2) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water
                     treatment; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Portuguese Republic to pay the costs.