16.7.2011

EN

Official Journal of the European Union

C 211/16

(Case C-223/11)

2011/C 211/30

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by P. Guerra e Andrade and I. Hadjiyannis, Agents)

Defendant: Portuguese Republic

Form of order sought

The Commission claims that the Court should:

1.Declare that:

—by failing to publish national and international plans for the management of river basins, the Portuguese State has failed to fulfil its obligations under Article 13(6), in conjunction with Article 13(1) and (2), of Directive 2000/60/EC; (<span class="super">1</span>)

—by failing to publish and make available for comments to the public, including users, draft copies of the river basin management plans, the Portuguese State has failed to fulfil its obligations under Article 14(1)(c) of Directive 2000/60/EC;

—by failing to send to the Commission copies of the plans for river basin management, the Portuguese State has failed to fulfil its obligations under Article 15(1) of Directive 2000/60/EC;

2.Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

Article 13 of Directive 2000/60/EC

Article 13(6), in conjunction with Article 13(1) and (2), of Directive 2000/60/EC, provides that the river basin management plans of every river basin district, whether national or international, falling entirely within the European Union must be published by 22 December 2009 at the latest.

The Commission has not been notified, nor is it aware, that any such plans have been published, so far as Portugal is concerned.

Article 14 of Directive 2000/60/EC

As the Directive makes clear, public participation is considered essential to the pursuit of the Directive’s objectives.

The Commission has not been notified, nor is it aware, that any draft river basin management plans whatsoever have been published or made available for comments to the public, including users.

Article 15 of Directive 2000/60/EC

The Commission has received from the Portuguese State no copies of plans for river basin management or of those for national or international river basin districts.

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1).

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2011/C 211/30

Language of the case: Portuguese

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