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
Sumário
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.
Texto da decisão
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:
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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;
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Orders Ireland to pay the costs. |