CELEX: C2002/131/18
Language: en
Date: 2002-06-01 00:00:00
Title: Case C-120/02: Action brought on 5 April 2002 by the Commission of the European Communities against the Grand Duchy of Luxembourg

C 131/10               EN                      Official Journal of the European Communities                                      1.6.2002
       27 February 1998 which amended Directive 91/271/                   Action brought on 5 April 2002 by the Commission of
       EEC with respect specifically to certain requirements              the European Communities against the Grand Duchy of
       established in Annex I thereto;                                                              Luxembourg
—      order the Hellenic Republic to pay the costs.                                              (Case C-120/02)
                                                                                                  (2002/C 131/18)
Pleas in law and main arguments
                                                                          An action against the Grand Duchy of Luxembourg was
                                                                          brought before the Court of Justice of the European Communi-
In order for Article 3(1) of the directive to be properly                 ties on 5 April 2002 by the Commission of the European
implemented, collecting systems must exist for urban waste                Communities, represented by Gregorio Valero Jordana and
water which enters ‘sensitive areas’ within the meaning of                Joelle Adda, acting as Agents, with an address for service in
Article 5(1) of the directive. Also, in order for Article 5(2) to         Luxembourg.
be properly implemented, more stringent secondary treatment
is required for urban waste water before its discharge into
‘sensitive areas’ within the meaning of Article 5(1) of the               The applicant claims that the Court should:
directive — by 31 December 1998 at the latest for agglomer-
ations with a population equivalent (‘p.e.’) of more than                 —     declare that, by failing hitherto to adopt all the laws,
10 000.                                                                         regulations and administrative measures necessary in
                                                                                order to comply fully with Council Directive 1998/83/
                                                                                EC of 3 November 1998 on the quality of water intended
The Bay of Elefsina was classified as a ‘sensitive area’ by Joint               for human consumption (1), or at any rate by failing fully
Ministerial Decision 19661/1982 of 2 August 1999. It is not                     to inform the Commission thereof, the Grand Duchy of
disputed that the overall population of the area of Thriasio                    Luxembourg has failed to fulfil its obligations under that
Pedio exceeds 10 000 inhabitants. It is also accepted that the                  directive;
area’s waste water is discharged into the Bay of Elefsina, which
has been defined as a ‘sensitive area’ since 1999.                        —     order the Grand Duchy of Luxembourg to pay the costs.
Consequently, the Greek authorities were obliged, under
Article 3(1) of the directive, to ensure that there was a collecting      Pleas in law and main arguments
system for that area’s urban waste water by 31 December 1998
at the latest. Nevertheless, as the letter of 8 October 2001              The time-limit for transposition expired on 25 December
from the Greek Permanent Representation to the European                   2000 but the Grand Duchy of Luxembourg has not adopted
Union also makes clear, such a system does not exist today.               the measures required.
Article 5(2) of the directive obliges the Member States, by               (1) OJ L 330 of 5.12.1998, p. 32.
31 December 1998 at the latest, to subject urban waste water
entering collecting systems which is from agglomerations with
a p.e. exceeding 10 000 to more stringent secondary treatment
before its discharge into sensitive areas.
It is not in dispute that today urban waste water from the area           Action brought on 4 April 2002 by the Commission of
of Thriasio Pedio is discharged without treatment into an area            the European Communities against the Grand Duchy of
which has been classified as ‘sensitive’ by the joint ministerial                                   Luxembourg
decision of 2 August 1999, in breach of Article 5(2) of the
directive.                                                                                        (Case C-121/02)
                                                                                                  (2002/C 131/19)
The Greek authorities do not dispute the absence of a treatment
system for urban waste water from the area of Thriasio Pedio.
                                                                          An action against the Grand Duchy of Luxembourg was
(1) OJ L 135 of 30.5.1991, p. 40.                                         brought before the Court of Justice of the European Communi-
(2) OJ L 67 of 7.3.1998, p. 29.                                           ties on 4 April 2002 by the Commission of the European
                                                                          Communities, represented by Mikko Huttunen and Hendrik
                                                                          van Lier, acting as Agents, with an address for service in
                                                                          Luxembourg.