CELEX: 62011CN0403
Language: en
Date: 2011-07-27 00:00:00
Title: Case C-403/11: Action brought on 27 July 2011 — European Commission v Kingdom of Spain

1.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 290/6
            
         Action brought on 27 July 2011 — European Commission v Kingdom of Spain
   (Case C-403/11)
   2011/C 290/09
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: European Commission (represented by: G. Valero Jordana and I. Hadjiyiannis, Agents)
   
      Defendant: Kingdom of Spain
   
      Form of order sought
   
   The Commission claims that the Court should:
   
               —
            
            
               Declare that the Kingdom of Spain has failed to fulfil its obligations under Article 13(1), (2), (3) and (6) (with the exception of the river basin district of Catalonia), Article 14(1)(c) (with the exception of the river basin management plans for the river basin district of Catalonia, the Balearic Islands, Tenerife, Guadiana, Guadalquivir, Andalusian Mediterranean basin, Tinto-Odiel-Piedras, Guadalete-Barbate, Galicia-Costa, Miño-Sil, Duero, Cantábrico Occidental and Cantábrico Oriental), and Article 15(1) (with the exception of the river basin district of Catalonia) of Directive 2000/60/EC (1) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (‘the directive’).
            
         
               —
            
            
               Order the Kingdom of Spain to pay the costs.
            
         
      Pleas in law and main arguments
   
   Infringement of Articles 13 and 15 of the directive:
   Since Spain has not adopted or published national river basin management plans (with the exception of the management plan for the river basin district of Catalonia), the Commission did not receive a copy of these plans either by 22 March 2010, the time-limit laid down in the directive, and has not received them to date. Consequently, the Commission considers that Spain has failed to fulfil its obligations under Article 15(1) of the directive (with the exception of the management plan for the river basin district of Catalonia).
   Infringement of Article 14 of the directive:
   
                
            
            
               With regard to Article 14(1)(c) of the framework directive, in conjunction with Article 13(6) of that directive, the Commission considers that, in addition to the river basin district of Catalonia whose plan has already been adopted, the public information and consultation process in relation to the draft river basin management plans has already begun in twelve other river basin districts: the Balearic Islands, Tenerife, Guadiana, Guadalquivir, Andalusian Mediterranean basin, Tinto-Odiel-Piedras, Guadalete-Barbate, Galicia-Costa, Miño-Sil, Duero, Cantábrico Occidental and Cantábrico Oriental.
            
         
                
            
            
               The Commission concludes that, with the exception of those thirteen river basin districts, Spain has failed to fulfil its obligations under Article 14(1)(c) of the directive.
            
         
      (1)  OJ 2000 L 327, p. 1.