CELEX: 62005CJ0452
Language: en
Date: 2006-11-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 23 November 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Pollution and nuisance - Urban waste-water treatment. # Case C-452/05.

Judgment of the Court (Sixth Chamber) of 23 November 2006 – Commission v Luxembourg
      (Case C-452/05)
      Failure of a Member State to fulfil obligations – Pollution and nuisance – Urban waste-water treatment
      Actions for failure to fulfil obligations – Examination of 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 para. 11)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Incorrect application of Article 5(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 being unable to prove that the minimum percentage of reduction of the overall load entering all water-treatment
                     plants is at least 75% for total nitrogen, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article
                     5(4) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Grand Duchy of Luxembourg to pay the costs.