CELEX: C2007/315/10
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-248/05: Judgment of the Court (Second Chamber) of 25 October 2007 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil its obligations — Protection of underground water against pollution caused by hazardous substances — Directive 80/68/EEC)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/6
            
         Judgment of the Court (Second Chamber) of 25 October 2007 — Commission of the European Communities v Ireland
   (Case C-248/05) (1)
   
   (Failure of a Member State to fulfil its obligations - Protection of underground water against pollution caused by hazardous substances - Directive 80/68/EEC)
   (2007/C 315/10)
   Language of the case: English
   Parties
   
      Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and D. Recchia, Agents)
   
      Defendant: Ireland (represented by: D. O'Hagan, Agent)
   Re:
   Failure of a Member State to fulfil its obligations — Breach of Articles 4, 5, 7, 8, 9, 10, 12 and 13 of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ 1980 L 20, p. 43) — Operation of a landfill without formal authorisation at Ballymurtagh, County Wicklow — Pollution of groundwater in County Wexford and Killarney, County Kerry, by indirect discharges of phosphorus from septic tanks
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Declares that, by having failed to adopt all the measures necessary to comply with Articles 4, 5, 7 and 10 of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances, as amended by Council Directive 91/692/EEC of 23 December 1991 standardising and rationalising reports on the implementation of certain directives relating to the environment, with regard to the municipal landfill at Ballymurtagh (County Wicklow), Ireland has failed to fulfil its obligations under Directive 80/68, as amended by Directive 91/692;
            
         
               2)
            
            
               Dismisses the remainder of the action;
            
         
               3)
            
            
               Orders Ireland to pay two thirds of all the costs. The Commission of the European Communities is ordered to pay the other third.
            
         
      (1)  OJ C 205, 20.8.2005.