16.3.2013

Official Journal of the European Union

C 79/11

(Case C-23/13)

2013/C 79/18

Language of the case: French

Parties

Applicant: European Commission (represented by: J.-P. Keppenne and E. Manhaeve, acting as Agents)

Defendant: French Republic

Form of order sought

—Declare that, by failing to make provision for the collection and treatment of urban waste water in 8 agglomerations with a population equivalent of more than 15 000 in what are regarded as normal areas, the French Republic has failed to fulfil its obligations under Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment; (1)

—order French Republic to pay the costs.

Pleas in law and main arguments

By its application, the Commission claims that France has failed to implement correctly, in 8 agglomerations, Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment.

Article 3(1) and Article 4(1) of Directive 91/271 required agglomerations with a population equivalent (p.e.) of more than 15 000 to be provided with collecting systems and to subject waste water to secondary treatment or an equivalent treatment at the latest by 31 December 2000.

As regards urban waste water treatment obligations, Article 4(1) of the directive requires the Member States to ensure that waste water entering collecting systems is subject to secondary treatment or an equivalent treatment before being discharged.

Lastly, the control procedures laid down in Annex I D to the directive make it possible to ascertain whether discharges from urban waste water treatment plants comply with the requirements of the directive pertaining to the discharge of waste water.

(1)

OJ 1991 L 135, p. 40.