CELEX: C2003/070/17
Language: en
Date: 2003-03-22 00:00:00
Title: Case C-27/03: Action brought on 23 January 2003 by the Commission of the European Communities against the Kingdom of Belgium

22.3.2003              EN                        Official Journal of the European Union                                             C 70/11
Action brought on 23 January 2003 by the Commission                      —      The implementation programme of the Region of the
of the European Communities against the Kingdom of                              Capital City of Brussels does not contain the information
                             Belgium                                            required pursuant to Table 2.3 of Decision 93/481/EEC
                                                                                as regards the number and capacity of collection systems
                                                                                discharging into receiving waters which are considered
                         (Case C-27/03)                                         ‘sensitive areas’.
                         (2003/C 70/17)                                  —      It is apparent from the part of the Walloon implemen-
                                                                                tation programme relating to the implementation of
                                                                                Article 3 of the directive in normal areas that the
                                                                                collection systems to which agglomerations with a popu-
                                                                                lation equivalent of more than 15 000 will be connected
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on                      will not reach their definitive capacity until 31 December
                                                                                2005, whereas the directive lays down a time-limit of
23 January 2003 by the Commission of the European
                                                                                31 December 2000. It is also apparent from the part of
Communities, represented by G. Valero Jordana and M. Van
Beek, acting as Agents.                                                         the Walloon programme relating to the implementation
                                                                                of Article 4 of the directive in normal areas that the
                                                                                water treatment plants to which agglomerations with a
                                                                                population equivalent of more than 15 000 and less than
The applicant claims that the Court should:
                                                                                150 000 will be connected will not reach their definitive
                                                                                capacity until 31 December 2005, whereas the directive
—     declare that,                                                             lays down a time-limit of 31 December 2000.
      in so far as the Region of the Capital City of Brussels, the
      Flemish Region and the Walloon Region are concerned,               (1 ) Council Directive 91/271/EEC of 21 May 1991 concerning urban
      the Kingdom of Belgium failed to ensure that systems for                waste-water treatment (OJ 1991 L 135, p. 40).
      the collection and treatment of urban waste water were             (2 ) Commission Decision 93/481/EEC of 28 July 1993 concerning
      brought into operation on 31 December 1998, as                          formats for the presentation of national programmes as foreseen
                                                                              by Article 17 of Council Directive 91/271/EEC (OJ 1993 L 226,
      provided for in Άrticles 3 and 5 of Directive 91/271/
                                                                              p. 23).
      EEC (1),
      in so far as the Walloon Region is concerned, the
      Kingdom of Belgium has not forwarded to the Com-
      mission an implementation programme, as provided for
      in Article 17 of Directive 91/271/EEC, which complies
      with the directive from the point of view of the time-
      limits laid down; and
                                                                         Reference for a preliminary ruling by the Simvoulio tis
                                                                         Epikratias by order of that Court of 23 October 2002 in
      in so far as the Region of the Capital City of Brussels is         the case of Epikouriko Kefalaio Asfaliseos Efthinis ex
      concerned, the Kingdom of Belgium has not forwarded                Atikhimaton Aftokiniton against the Minister for Devel-
      to the Commission an implementation programme which                                               opment
      complies fully with the format prescribed by Commission
      Decision 93/481/EEC ( 2);
                                                                                                    (Case C-28/03)
—     order the Kingdom of Belgium to pay the costs.
                                                                                                    (2003/C 70/18)
Pleas in law and main arguments
                                                                         Reference has been made to the Court of Justice of the
—     As far as the Region of the Capital City of Brussels and a         European Communities by order of the Simvoulio tis Epikratias
      large number of agglomerations of the Flemish Region               (Council of State) of 23 October 2002, received at the Court
      are concerned, the time-limit of 31 December 1998 for              Registry on 24 January 2003, for a preliminary ruling in the
      the entry into service of systems for the collection and           case of Epikouriko Kefalaio Asfaliseos Efthinis ex Atikhimaton
      treatment of urban waste water was not complied with.              Aftokiniton (Additional Insurance Fund for Motor Vehicle
      Discharges of urban waste water from 44 agglomerations             Accident Liability) against the Minister for Development on
      with a population equivalent of more than 10 000 in                the following question:
      the territory of the Walloon Region contribute to the
      pollution of Flanders and Netherlands territory and the
      North Sea coasts of Belgium and the Netherlands. The               Given the provisions of, in particular, Articles 15 and 16 of
      Walloon Region ought therefore to have applied                     First Council Directive 73/239/EEC on the coordination of
      Article 5(5) of the directive and made provision for               laws, regulations and administrative provisions relating to the
      tertiary treatment for the agglomerations in question.             taking up and pursuit of the business of direct insurance other