CELEX: C2006/048/22
Language: en
Date: 2006-02-25 00:00:00
Title: Case C-405/05: Action brought on  18.11.2005  by Commission against the The United Kingdom of Great Britain and Northern Ireland

25.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 48/11
            
         Action brought on 18.11.2005 by Commission against the The United Kingdom of Great Britain and Northern Ireland
   (Case C-405/05)
   (2006/C 48/22)
   Language of the case: English
   An action against the The United Kingdom of Great Britain and Northern Ireland was brought before the Court of Justice of the European Communities on 18.11.2005 by the Commission, represented by Sara Pardo Quintillan, Xavier Lewis and Hubert van Vliet, acting as Agents, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               declare that in failing to ensure that adequate treatment is provided for urban waste waters from the agglomerations of Bangor, Brighton, Broadstairs, Carrickfergus, Coleraine, Donaghadee, Larne, Lerwick, Londonderry, Margate, Newtonabbey, Omagh and Portrush at the latest by 31 December 2000, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 4 paragraphs 1 and 3 of Council Directive 91/271/EEC (1).
            
         
               2.
            
            
               order The United Kingdom of Great Britain and Northern Ireland to pay the costs.
            
         Pleas in law and main arguments
   The Commission is of the view that the failure by the United Kingdom of Great Britain and Northern Ireland to ensure adequate treatment is provided for the entirety of the waste water discharges produced in the agglomerations of Bangor, Broadstairs, Carrickfergus, Coleraine, Londonderry, Larne, Lerwick, Margate, Newtonabbey, Omagh, Brighton, Portrush, Donaghdee and Bideford/ Northam is in breach of Article 4, paragraphs 1 and 3, of the directive. Furthermore, the failure to control substantial new developments in the agglomerations of Portrush, Newtonabbey, Bangor, Londonderry and Larne or to ensure that their approval is accompanied by mitigating measures is exacerbating the breaches of the aforementioned articles of the Directive in these five agglomerations.
   
      (1)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment OJ L 135, 30.05.1991 P. 40 - 52