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
Sumário
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.
Texto da decisão
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. |