10.7.2017

EN

Official Journal of the European Union

C 221/16

(Case C-251/17)

(2017/C 221/20)

Language of the case: Italian

Parties

Applicant: European Commission (represented by E. Manhaeve and L. Cimaglia, acting as Agents)

Defendant: Italian Republic

Form of order sought

The Commission claims that the Court should:

—declare that, by failing to adopt all the measures necessary to implement the judgment of the Court of 19 July 2012 in Case C-565/10 Commission v Italy, the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU;

—order the Italian Republic to make a penalty payment in the amount of EUR 346 922,40 for each day of delay in implementing the judgment in Case C-565/10 from the date of judgment in the present case to the date of implementation of the judgment in Case C-565/10, less a possible reduction calculated by the proposed reduction formula;

—order the Italian Republic to pay a lump sum of EUR 39 113,80 per day from the date of the judgment in Case C-565/10 until the date of judgment in the present case or until implementation of the judgment in Case C-565/10, with a minimum total amount of EUR 62 699 421,40;

—order the Italian Republic to pay the costs.

Pleas in law and main arguments

By its application, the Commission takes issue with the failure to give effect to the judgment delivered by the Court on 19 July 2012 in relation to 80 of the Italian agglomerations which were the subject of that judgment.

In this respect, the Italian Republic acknowledges its failure to fulfil its obligations under Article 3 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (1) in relation to 35 agglomerations. It also acknowledges its failure to fulfil its obligations under Articles 4 and 10 of that directive in relation to 70 agglomerations.

From this the Commission concludes that the Italian Republic has not taken all of the measures necessary to implement in full the judgment of 19 July 2012.

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