CELEX: 62005CJ0148
Language: en
Date: 2007-06-14
Title: Judgment of the Court (Fourth Chamber) of 14 June 2007.#Commission of the European Communities v Ireland.#Failure of a Member State to fulfil its obligations - Directive 79/923/EEC - Quality of shellfish waters - Designation of shellfish waters - Pollution reduction programmes - Setting control parameters.#Case C-148/05.

Judgment of the Court (Fourth Chamber) of 14 June 2007 – Commission v Ireland
      (Case C‑148/05)
      Failure of a Member State to fulfil its obligations – Directive 79/923/EEC – Quality of shellfish waters – Designation of shellfish waters – Pollution reduction programmes – Setting control parameters
      1.                     Actions for failure to fulfil obligations – Pre-litigation procedure – Formal notice (Art. 226 EC) (see para. 32)
      2.                     Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the procedure prior to the
            action (Art. 226 EC) (see paras 34-35)
      3.                     Approximation of laws – Quality required of shellfish waters – Directive 79/923 (Council Directive 79/923, Arts 3 and 4) (see
            paras 46-48, 61-66)
      Re:
      
         Failure of a Member State to fulfil obligations – Incomplete transposition of Articles 3, 4 and 5 of Council Directive 79/923/EEC
                  of 30 October 1979 on the quality required of shellfish waters (OJ 1979 L 281, p. 47) – Failure to designate certain shellfish
                  waters, to establish pollution-reduction programmes and to set control parameters.
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Declares that, by failing:
               
            –       in accordance with Article 4 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters,
         to designate all shellfish waters requiring designation;
      
      –       in accordance with Article 3 of Directive 79/923, to set all the required values in respect of shellfish waters designated
         or requiring designation pursuant to Article 4; and
      
      –       in accordance with Article 5 of Directive 79/923, to take all necessary measures to establish pollution reduction programmes
         for waters requiring designation pursuant to Article 4, 
      
      Ireland has failed to fulfil its obligations under that directive;
      
         
                   
               
               
                  
               
               
                  Orders Ireland to pay the costs.