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Judgment of the Court (Eighth Chamber) of 9 June 2011. # European Commission v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 98/83/EC - Water intended for human consumption - Incomplete and incorrect transposition. # Case C-458/10.
ECLI:EU:C:2011:385
62010CJ0458
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(Case C-458/10)
Failure of a Member State to fulfil obligations – Directive 98/83/EC – Water intended for human consumption – Incomplete, incorrect transposition
Approximation of laws – Quality of water intended for human consumption –Directive 98/83 – Implementation by Member States – Authorisation of derogations from the parametric values fixed by the directive – Conditions –National legislation not observing those conditions – Failure to fulfil obligations (Art. 258 TFEU; Council Directive 98/83, Art. 9(3)) (see paras 28-29)
Re:
Failure of a Member State to fulfil its obligations – Incomplete, incorrect transposition of Article 9(3)(b), (c) and (e) 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) – Distribution of drinking water not meeting the parametric values required – Scheme of derogations.
Operative part
The Court:
1.Declares that, by failing to transpose correctly and completely Article 9(3)(b), (c) and (e) of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
2.Orders the Grand Duchy of Luxembourg to pay the costs.