CELEX: C2006/048/08
Language: en
Date: 2006-02-25 00:00:00
Title: Judgment of the Court (First Chamber) of  15 December 2005  in Case C-26/04: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 76/160/EEC — Quality of bathing waters — Designation as bathing areas — Directive 79/923/EEC — Quality of shellfish waters — Establishment of a pollution reduction programme)

25.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 48/4
            
         Judgment of the Court
   (First Chamber)
   of 15 December 2005
   in Case C-26/04: Commission of the European Communities v Kingdom of Spain (1)
   
   (Failure of a Member State to fulfil obligations - Directive 76/160/EEC - Quality of bathing waters - Designation as bathing areas - Directive 79/923/EEC - Quality of shellfish waters - Establishment of a pollution reduction programme)
   (2006/C 48/08)
   Language of the case: Spanish
   In Case C-26/04, action under Article 226 EC for failure to fulfil obligations, brought on 27 January 2004, Commission of the European Communities (Agent: M.G.Valero Jordana) v Kingdom of Spain (Agent: M.E. Braquehais Conesa) — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Schiemann, N. Colneric, J.N. Cunha Rodrigues (Rapporteur) and E. Levits, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 15 December 2005, in which it:
   
               1.
            
            
               Declares that, by failing to adopt a pollution reduction programme for the shellfish waters of the Ría de Vigo, the Kingdom of Spain has failed to fulfil its obligations under Article 5 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Commission of the European Communities and the Kingdom of Spain to bear their own costs.
            
         
      (1)  OJ C 71 of 20.03.2004.