CELEX: 62007CJ0147
Language: en
Date: 2008-01-31 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 31 January 2008. # Commission of the European Communities v French Republic. # Failure of a Member State to fulfil obligations - Directives 80/778/EEC and 98/83/EC - Quality of water intended for human consumption - Maximum concentrations of nitrates and pesticides - Incorrect application. # Case C-147/07.

Judgment of the Court (Seventh Chamber) of 31 January 2008 – Commission v France
      (Case C‑147/07)
      Failure of a Member State to fulfil obligations – Directives 80/778/EEC and 98/83/EC – Quality of water intended for human consumption – Maximum concentrations of nitrates and pesticides – Incorrect application
      1.                     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. 14)
      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 18-19)
      Re:
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Article 4 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption
                  (OJ 1998 L 330, p. 32) – Failure, in certain 
               
               départements
               , to remain within the chemical parameters laid down in Annex I, Part B, to Directive 98/83 – Nitrates and pesticides.
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to take the measures necessary to comply with Article 4 of Council Directive 98/83/EC of 3 November
                     1998 on the quality of water intended for human consumption, the French Republic has failed to fulfil its obligations under
                     that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the French Republic to pay the costs.