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Case C-323/11: Action brought on 22 June 2011 — European Commission v Kingdom of Denmark
ECLI:EU:UNKNOWN:62011CN0323
62011CN0323
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24.9.2011
Official Journal of the European Union
C 282/3
(Case C-323/11)
2011/C 282/05
Language of the case: Danish
Parties
Applicant: European Commission (represented by: I. Hadjiyiannis and U. Nielsen, acting as Agents)
Defendant: Kingdom of Denmark
Form of order sought
—declare that, by failing to publish the final river basin management plans by 22 December 2009 and by failing to send the Commission copies thereof by 22 March 2010 and, in any event, by failing to inform the Commission thereof, the Kingdom of Denmark has failed to fulfil its obligations under Directive 2000/60/EC (1) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;
—order the Kingdom of Denmark to pay the costs.
Pleas in law and main arguments
Article 13(1), (2) and (6) of the Directive provides that the Member States were to adopt the laws and administrative provisions necessary to comply with the Directive by 22 December 2009 and to send the Commission copies thereof by 22 March 2010.
Since the Commission is not in possession of any information which enables it to establish that the necessary provisions have been adopted, the Commission must proceed on the assumption that Denmark has not yet adopted those provisions and has therefore failed to fulfil its obligations under the Directive.
(1)
OJ 2000 L 327, p. 1, 22.12.2000.