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Judgment of the Court (Fourth Chamber) of 14 June 2007.#Commission of the European Communities v Ireland.#Failure of a Member State to fulfil its obligations - Directive 79/923/EEC - Quality of shellfish waters - Designation of shellfish waters - Pollution reduction programmes - Setting control parameters.#Case C-148/05.
ECLI:EU:C:2007:339
62005CJ0148
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(Case C‑148/05)
Failure of a Member State to fulfil its obligations – Directive 79/923/EEC – Quality of shellfish waters – Designation of shellfish waters – Pollution reduction programmes – Setting control parameters
Re:
Failure of a Member State to fulfil obligations – Incomplete transposition of Articles 3, 4 and 5 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (OJ 1979 L 281, p. 47) – Failure to designate certain shellfish waters, to establish pollution-reduction programmes and to set control parameters.
Operative part
The Court:
Declares that, by failing:
–in accordance with Article 4 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters, to designate all shellfish waters requiring designation;
–in accordance with Article 3 of Directive 79/923, to set all the required values in respect of shellfish waters designated or requiring designation pursuant to Article 4; and
–in accordance with Article 5 of Directive 79/923, to take all necessary measures to establish pollution reduction programmes for waters requiring designation pursuant to Article 4,
Ireland has failed to fulfil its obligations under that directive;
Orders Ireland to pay the costs.