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Opinion of Mr Advocate General Jacobs delivered on 17 January 2002. # Commission of the European Communities v Kingdom of the Netherlands. # Failure by a Member State to fulfil its obligations - Quality of bathing water - Inadequate implementation of Directive 76/160/EEC. # Case C-268/00.
ECLI:EU:C:2002:26
62000CC0268
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Important legal notice
62000C0268
Opinion of Mr Advocate General Léger delivered on 14 November 2002. - Agrargenossenschaft Alkersleben eG v Freistaat Thüringen. - Reference for a preliminary ruling: Verwaltungsgericht Weimar - Germany. - Milk and milk products - Council Regulation (EEC) No 3950/92 - Scheme applicable to the territory of the former German Democratic Republic - Reference quantities - Concepts of producer and holding - Lessee of a holding situated within that territory. - Case C-268/01.
European Court reports 2003 Page 00000
Opinion of the Advocate-General
3. Article 4(1) of the Directive provides:
Member States shall take all necessary measures to ensure that, within 10 years following the notification of this Directive, the quality of bathing water conforms to the limit values set in accordance with Article 3. As the Directive was notified on 10 December 1975, the time limit expired on 10 December 1985.
4. Article 6(1) provides:
The competent authorities in the Member States shall carry out sampling operations, the minimum frequency of which is laid down in the Annex. Pursuant to Article 12(1) the sampling operations were to commence within two years of the notification of the Directive.
5. In its application the Commission contends that the Netherlands has failed to fulfil its obligations under Article 4(1) and Article 6(1) of the Directive, as appears from the Commission's report for the 1999 season: 0.7% of inland waters (four of the 528 bathing areas) remained insufficiently sampled, and 8% of the inland waters did not comply with the minimum limit values.
Conclusion
(1) declare that the Kingdom of the Netherlands has failed to fulfil its obligations under Article 4(1) and Article 6(1) of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water;
(2) order the Kingdom of Netherlands to pay the costs.