CELEX: 62019CN0384
Language: en
Date: 2019-05-16 00:00:00
Title: Case C-384/19: Action brought on 16 May 2019 — European Commission v Kingdom of Spain

12.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 270/18
            
         
      Action brought on 16 May 2019 — European Commission v Kingdom of Spain
      (Case C-384/19)
      (2019/C 270/20)
      Language of the case: Spanish
      
         Parties
      
      
         Applicant: European Commission (represented by: E. Manhaeve and E. Sanfrutos Cano, Agents)
      
         Defendant: Kingdom of Spain
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  declare that the Kingdom of Spain has failed to fulfil its obligations under Article 7(1) and (5) and Article 15(1) of Directive 2007/60/EC (1) as regards river basin districts ES120 Gran Canaria, ES122 Fuerteventura, ES123 Lanzarote, ES124 Tenerife, ES125 La Palma, ES126 La Gomera and ES127 El Hierro;
               
            
                  —
               
               
                  declare that the Kingdom of Spain has failed to fulfil its obligations under Article 10(1) and (2) of Directive 2007/60/EC as regards river basin districts ES120 Gran Canaria, ES122 Fuerteventura and ES125 La Palma;
               
            
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                  order the Kingdom of Spain to pay the costs.
               
            
         Pleas in law and main arguments
      
      It is apparent the information provided by the Spanish authorities that Spain has not established, completed and published, by the 22 December 2015 deadline laid down in the Directive, flood risk management plans in respect of the river basin districts ES120 Gran Canaria, ES122 Fuerteventura, ES123 Lanzarote, ES124 Tenerife, ES125 La Palma, ES126 La Gomera and ES127 El Hierro. In addition, the Commission has not received a copy of those plans, as required by Article 15(1) of the Directive.
      Furthermore, in three river basin districts — ES120 Gran Canaria, ES122 Fuerteventura and ES125 La Palma — the public information and consultation phase has not yet taken place or has not in any event been completed. Accordingly, the Commission considers that the Kingdom of Spain has failed to fulfil its obligations under Article 10(1) and (2) of Directive 2007/60/EC as regards those three river basin districts.
      
         (1)  Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (OJ 2007 L 288, p.27)