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Judgment of the Court (Fifth Chamber) of 7 May 2009. # Commission of the European Communities v Portuguese Republic. # Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisance - Urban waste water treatment - Articles 3 and 4. # Case C-530/07.
ECLI:EU:C:2009:292
62007CJ0530
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(Case C‑530/07)
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Pollution and nuisance – Urban waste water treatment – Articles 3 and 4
Re:
Failure of a Member State to fulfil its obligations – Failure to adopt within the prescribed period the measures necessary to comply with Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40)
Operative part
The Court:
1.Declares that, by failing to provide, in accordance with the provisions of Article 3 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the agglomerations of Bacia do Rio Uima (Fiães S. Jorge), Costa de Aveiro, Covilhã, Espinho/Feira, Ponta Delgada, Póvoa de Varzim/Vila do Conde and Santa Cita with collection systems, and by failing to subject to secondary treatment or an equivalent treatment, in accordance with Article 4 of that directive, the urban waste water from the agglomerations of Alverca, Bacio do Rio Uima (Fiães S. Jorge), Carvoeiro, Costa de Aveiro, Costa Oeste, Covilhã, Lisbon, Matosinhos, Milfontes, Nazaré/Famalicão, Ponta Delgada, Póvoa de Varzim/Vila do Conde, Santa Cita, Vila Franca de Xira and Vila Real de Santo António, the Portuguese Republic has failed to fulfil its obligations under Articles 3 and 4 of that directive;
2.Dismisses the action as to the remainder;
3.Orders the Portuguese Republic to pay the costs.