CELEX: C2007/183/04
Language: en
Date: 2007-08-04 00:00:00
Title: Case C-148/05: Judgment of the Court (Fourth Chamber) of 14 June 2007 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil its obligations — Directive 79/923/EEC — Quality of shellfish waters — Designation of shellfish waters — Pollution reduction programmes — Setting control parameters)

4.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/3
            
         Judgment of the Court (Fourth Chamber) of 14 June 2007 — Commission of the European Communities v Ireland
   (Case C-148/05) (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 79/923/EEC - Quality of shellfish waters - Designation of shellfish waters - Pollution reduction programmes - Setting control parameters)
   (2007/C 183/04)
   Language of the case: English
   Parties
   
      Applicant: Commission of the European Communities (represented by: B. Doherty and D. Recchia, Agents)
   
      Defendant: Ireland (represented by: D. O'Hagan, acting as Agent, and N.J. Travers BL)
   Re:
   Failure of a Member State to fulfil obligations — Incomplete transposition of Articles 3, 4 and 5 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (OJ 1979 L 281, p. 47) — Failure to designate certain shellfish waters, to establish pollution-reduction programmes and to set control parameters
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing:
               
                           —
                        
                        
                           in accordance with Article 4 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters, to designate all shellfish waters requiring designation;
                        
                     
                           —
                        
                        
                           in accordance with Article 3 of Directive 79/923, to set all the required values in respect of shellfish waters designated or requiring designation pursuant to Article 4; and
                        
                     
                           —
                        
                        
                           in accordance with Article 5 of Directive 79/923, to take all necessary measures to establish pollution reduction programmes for waters requiring designation pursuant to Article 4,
                        
                     Ireland has failed to fulfil its obligations under that directive.
            
         
               2.
            
            
               Orders Ireland to pay the costs.
            
         
      (1)  OJ C 69, 19.3.2005.