CELEX: C1998/258/22
Language: en
Date: 1998-08-15 00:00:00
Title: Action brought on 17 April 1998 by the Commission of the European Communities against the Kingdom of the Netherlands (Case C-152/98)

C 258/12              EN                Official Journal of the European Communities                                    15.8.98
Portuguese Republic (Agents: Luís Fernandes and JoaÄo                  EEC of 4 May 1976 on pollution caused by certain
Lopes Fernandes) Ð application for a declaration that, by              dangerous substances discharged into the aquatic
failing to draw up a systematic plan of action and time-               environment of the Community (1), the Kingdom of the
table for the improvement of surface waters and, in the                Netherlands has failed to fulfil its obligations under
alternative, by failing to inform the Commission forthwith             that Directive and under Article 189 of the EC Treaty;
of such measures, the Portuguese Republic has failed to
fulfil its obligations under the third paragraph of
Article 189 of the EC Treaty and the provisions of                 (2) orders the Kingdom of the Netherlands to pay the
Council Directive 75/440/EEC of 16 June 1975 concerning                costs.
the quality required of surface water intended for the
abstraction of drinking water in the Member States (OJ
L 194 of 25.7.1975, p. 26) Ð the Court (Sixth Chamber),            Pleas in law and main arguments adduced in support:
composed of: H. Ragnemalm, President of the Chamber,
G. F. Mancini, J. L. Murray, G. Hirsch and K. M.
Ioannou (Rapporteur), Judges; D. Ruiz-Jarobo Colomer,
                                                                   The Commission considers that the Kingdom of the
Advocate General; R. Grass, Registrar, has given a
                                                                   Netherlands has infringed Directive 76/464/EEC (the
judgment on 17 June 1998, in which it:
                                                                   Directive') by failing to lay down quality objectives in
                                                                   relation to certain substances referred to in the Directive.
1. Declares that, by failing to draw up a systematic plan
     of action including a time-table for the improvement          Ð Quality objectives in respect of the substances
     of surface water, the Portuguese Republic has failed to           enumerated in the first indent in List II in the Annex
     fulfil its obligations under Article 4(2) of Council              to the Directive: the fact that no Community limit
     Directive 75/440/EEC of 16 June 1975 concerning the               values have been fixed for certain families and groups
     quality required of surface water intended for the                of substances in List I in the Annex to the Directive
     abstraction of drinking water in the Member States;               means that those substances fall within the scope of
                                                                       List II in that Annex. Moreover, it cannot be inferred
                                                                       from the phrase substances in List I for which the
                                                                       limit values . . . have not been determined' that this
2. Orders the Portuguese Republic to pay the costs.
                                                                       must be done by the giving of express notice. Even if
                                                                       the factual situation was unclear as regards the
(1) OJ C 228 of 26.7.1997.                                             initiatives of the Commission and the Council or as to
                                                                       whether or not specific Community limit values were
                                                                       to be fixed, that cannot in any way justify the
                                                                       conclusion that a Member State is consequently
                                                                       released from the obligation to establish programmes
                                                                       for those families or groups of substances in
                                                                       accordance with Article 7(1), (2) and (3) of the
                                                                       Directive.
Action brought on 17 April 1998 by the Commission of
the European Communities against the Kingdom of the
                          Netherlands                                  The fixing of emission standards on the basis of the
                                                                       best technical means available does not satisfy the
                        (Case C-152/98)                                requirement of legal certainty, which must be fulfilled
                         (98/C 258/22)                                 whenever directives are transposed.
                                                                   Ð Quality objectives in respect of the substances
An action against the Kingdom of the Netherlands was                   enumerated in the second indent in List II in the
brought before the Court of Justice of the European                    Annex to the Directive: the Kingdom of the
Communities on 17 April 1998 by the Commission of the                  Netherlands has failed to lay down quality objectives
European Communities, represented by H. van Lier, Legal                for the fourth category referred to therein (organic
Adviser in its Legal Service, acting as Agent, with an                 compounds of silicone, etc.) and for certain substances
address for service in Luxembourg at the Office of Carlos              in the first category (titanium, boron, uranium,
Gómez de la Cruz, of its Legal Service, Wagner Centre.                 tellurium and silver). The legal obligation to transpose
                                                                       the Directive into national law is not removed,
                                                                       however, by the possible existence of practical
                                                                       difficulties, especially since other Member States have
The applicant claims that the Court should:                            managed to fulfil that obligation.
                                                                   (1) OJ L 129 of 18.5.1976, p. 23.
(1) declare that, by failing to take adequate steps to
     transpose into national law the provisions of
     Article 7(1), (2) and (3) of Council Directive 76/464/