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Case C-22/20: Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Articles 4, 5, 10 and 15 — Urban waste-water treatment — Secondary or equivalent treatment of urban waste water from agglomerations of certain dimensions — More stringent treatment of discharges into sensitive areas — Article 4(3) TEU — Verification of data provided by the Member States — Obligation of sincere cooperation)
ECLI:EU:UNKNOWN:62020CA0022
62020CA0022
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Official Journal of the European Union
C 462/14
(Case C-22/20) (<span class="oj-super oj-note-tag">1</span>)
(Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Articles 4, 5, 10 and 15 - Urban waste-water treatment - Secondary or equivalent treatment of urban waste water from agglomerations of certain dimensions - More stringent treatment of discharges into sensitive areas - Article 4(3) TEU - Verification of data provided by the Member States - Obligation of sincere cooperation)
(2021/C 462/13)
Language of the case: Swedish
Parties
Applicant: European Commission (represented by: E. Manhaeve, C. Hermes, K. Simonsson and E. Ljung Rasmussen, acting as Agents)
Defendant: Kingdom of Sweden (represented by: O. Simonsson, R. Shahsavan Eriksson, C. Meyer-Seitz, M. Salborn Hodgson, H. Shev and H. Eklinder, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that the Kingdom of Sweden has failed to fulfil its obligations under Article 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008, read in conjunction with Article 10 of Directive 91/271, as amended by Regulation No 1137/2008, by not ensuring that, before it is discharged, urban waste water from the agglomerations Lycksele, Malå and Pajala is subject to secondary treatment or an equivalent treatment, and
declares that the Kingdom of Sweden has failed to fulfil its obligations under Article 4(3) TEU, since it did not, during the pre-litigation procedure, provide the European Commission with the information necessary for it to assess whether the waste water treatment plants for the agglomerations Habo and Töreboda satisfy the requirements of Directive 91/271, as amended by Regulation No 1137/2008;
2.Dismisses the action as to the remainder;
3.Orders the European Commission and the Kingdom of Sweden to bear their own costs.
(<span class="oj-super">1</span>) OJ C 87, 16.3.2020.