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Judgment of the Court (Sixth Chamber) of 23 November 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Pollution and nuisance - Urban waste-water treatment. # Case C-452/05.
ECLI:EU:C:2006:737
62005CJ0452
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(Case C-452/05)
Failure of a Member State to fulfil obligations – Pollution and nuisance – Urban waste-water treatment
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 11)
Re:
Failure of a Member State to fulfil obligations – Incorrect application of Article 5(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 being unable to prove that the minimum percentage of reduction of the overall load entering all water-treatment plants is at least 75% for total nitrogen, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 5(4) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment;
2.Orders the Grand Duchy of Luxembourg to pay the costs.