CELEX: C2007/283/38
Language: en
Date: 2007-11-24 00:00:00
Title: Case C-438/07: Action brought on 19 September 2007 — Commission of the European Communities v Kingdom of Sweden

24.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 283/21
            
         Action brought on 19 September 2007 — Commission of the European Communities v Kingdom of Sweden
   (Case C-438/07)
   (2007/C 283/38)
   Language of the case: Swedish
   Parties
   
      Applicant: Commission of the European Communities (represented by: L. Parpala, M. Patakia and S. Pardo Quintillán)
   
      Defendant: Kingdom of Sweden
   Form of order sought
   
               —
            
            
               Declare that the defendant has breached Article 5(2), (3) and (5) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (1), as amended by Commission Directive 98/15/EC of 27 February 1998 (2). The breach consists in the failure to order, at the latest by 31 December 1998, that all emissions from urban waste-water treatment plants with a population equivalent of over 10 000 discharging directly into sensitive areas or their catchment areas fulfil the applicable requirements in Annex I to Council Directive 91/271/EEC, and
            
         
               —
            
            
               Order the Kingdom of Sweden to pay the costs.
            
         Pleas in law and main arguments
   In 1994, Sweden classified all its waters as sensitive areas. In 1998 and 2000, Sweden confirmed that classification for the Commission of the European Communities (the Commission) and stated that eutrophication was used as a criterion and that it is the bodies of water affected which determine the type of tertiary treatment necessary.
   The Swedish authorities take the view that nitrogen treatment is not necessary for emissions into the Baltic Sea from agglomerations with a population equivalent (p.e.) of over 10 000 in the area situated to the north of the commune of Norrtälje. Nitrogen treatment therefore takes place only in coastal areas between the commune of Norrtälje and the Norwegian border. They also take the view that nitrogen emissions from urban areas with a pe of over 10 000 in central South Sweden do not contribute to the eutrophication of coastal water, since there is adequate natural retention of nitrogen in transit through the catchment area from the source of the pollution to the sea.
   The Commission takes the view that there is scientific evidence that phosphor and nitrogen are the main causes of the eutrophication of the Baltic Sea. Phosphor and nitrogen emissions into coastal water are spread to other parts of the Baltic Sea and emissions into inland waters should which lie in the Baltic Sea's catchment area contribute to its eutrophication.
   Therefore, general nitrogen treatment of wastewater from urban areas with a population equivalent (p.e.) of over 10 000 which runs out directly into sensitive areas or their catchment areas must be introduced at affected treatment plants.
   The failure to take such measures constitutes a breach of Directive 91/271/EEC, as amended by Commission Directive 98/15/EC, in particular of Article 5(2), (3) and (5) (of Directive 91/271).
   
      (1)  OJ 1991 L 135, p. 40.
   
      (2)  OJ L 67, 7.3.1998, p. 29.