21.7.2012

Official Journal of the European Union

C 217/11

(Case C-237/12)

2012/C 217/24

Language of the case: French

Parties

Applicant: European Commission (represented by: B. Simon and J. Hottiaux, Agents)

Defendant: French Republic

Form of order sought

The European Commission claims that the Court should:

—declare that, by not guaranteeing correct and full implementation of all requirements laid down in Annexes II and III to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, the French Republic has failed to fulfil its obligations under Article 5(4) of, and Annexes II (A.1, A.2, A.3 and A.5) and III (1.1, 1.2, 1.3 and 2) to, that directive;

—order the French Republic to pay the costs.

Pleas in law and main arguments

The Commission criticises the defendant on the ground that it has failed correctly and fully to implement all of the requirements laid down in Article 5(4) of, and in Annexes II (A.1, A.2, A.3 and A.5) and III (1.1, 1.2, 1.3 and 2) to, Directive 91/676/EEC. The Commission has doubts as to whether the national legislation complies with the European Union law relating to:

—the periods during which the land application of fertiliser is inappropriate, or indeed prohibited;

—the capacity for storage of livestock manures;

—the method of calculating the amount of nitrogen to be applied for purposes of balanced fertilisation;

—the quantitative limitation of the land application of livestock manures;

—the regulation of the land application of fertiliser to steeply sloping ground;

—the regulation of the land application of fertiliser to water-saturated, flooded, frozen or snow-covered ground.

(<span class="super">1</span>) OJ 1991 L 375, p. 1.