EN

Official Journal of the European Union

C 127/10

(Case C-38/15)

(2015/C 127/16)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: E. Manhaeve and D. Loma-Osorio Lerena, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

—Declare that the Kingdom of Spain has failed to fulfil its obligations:

—under Article 4 of Council Directive 91/271/EEC (1) of 21 May 1991 concerning urban waste-water treatment, in relation to the agglomeration of Pontevedra-Marín-Poio-Bueu (Galicia); and

—under Article 5(2) and (3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment in relation to the agglomerations of Bollulos Par del Condado; Abrera; Berga; Capellades; Figueres; El Terri (Banyoles) and Pontevedra-Marín-Poio-Bueu.

—Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

Following an investigation carried out in the context of infringement procedure 2002/2123, the European Commission, by a letter of formal notice of 19 December 2003, drew the Kingdom of Spain’s attention to its duty to fulfil its obligations under Articles 3, 4, 5 6 and 14 of Directive 91/271, in particular as regards the treatment of urban waste water in ‘sensitive areas’.

The subject-matter of the proceedings has been reduced as Spain has brought the sanitation, treatment and waste facilities of certain agglomerations into compliance. Nevertheless, at the time of bringing the application the infringement of Articles 4 and 5 of the Directive continues in respect of the situation of the agglomerations of Bollulos Par del Condado (in the Autonomous Community of Andalucia); Abrera, Berga, Capellades, Figueres and El Terri-Banyoles (in the Autonomous Community of Cataluña) and Pontevedra-Marín-Poio-Bueu.

(1) OJ 1991 L 135, p. 40.