CELEX: 62007CJ0530
Language: en
Date: 2009-05-07
Title: Judgment of the Court (Fifth Chamber) of 7 May 2009. # Commission of the European Communities v Portuguese Republic. # Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisance - Urban waste water treatment - Articles 3 and 4. # Case C-530/07.

Judgment of the Court (Fifth Chamber) of 7 May 2009 – Commission v Portugal
      (Case C‑530/07)
      Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Pollution and nuisance – Urban waste water treatment – Articles 3 and 4
      1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see paras 25, 54)
      2.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its
            discretion (Art. 226 EC) (see para. 29)
      3.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission – Production of evidence showing
            failure (Art. 226 EC) (see para. 32)
      4.                     Environment – Urban waste-water treatment – Directive 91/271 – Implementation by Member States – Obligation to achieve a result
            – Failure to satisfy that obligation – Failure to fulfil obligations – National system pleaded as justification – Not permissible
            (Art. 226 EC; Council Directive 91/271, Arts 3 and 4) (see para. 55)
      Re: 
      
         
               Failure of a Member State to fulfil its obligations – Failure to adopt within the prescribed period the measures necessary
                  to comply with Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ
                  1991 L 135, p. 40)
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to provide, in accordance with the provisions of Article 3 of Council Directive 91/271/EEC of 21
                     May 1991 concerning urban waste water treatment, the agglomerations of Bacia do Rio Uima (Fiães S. Jorge), Costa de Aveiro,
                     Covilhã, Espinho/Feira, Ponta Delgada, Póvoa de Varzim/Vila do Conde and Santa Cita with collection systems, and by failing
                     to subject to secondary treatment or an equivalent treatment, in accordance with Article 4 of that directive, the urban waste
                     water from the agglomerations of Alverca, Bacio do Rio Uima (Fiães S. Jorge), Carvoeiro, Costa de Aveiro, Costa Oeste, Covilhã,
                     Lisbon, Matosinhos, Milfontes, Nazaré/Famalicão, Ponta Delgada, Póvoa de Varzim/Vila do Conde, Santa Cita, Vila Franca de
                     Xira and Vila Real de Santo António, the Portuguese Republic has failed to fulfil its obligations under Articles 3 and 4 of
                     that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action as to the remainder;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Portuguese Republic to pay the costs.