28.1.2012

EN

Official Journal of the European Union

C 25/29

(Case C-533/11)

(2012/C 25/51)

Language of the case: French

Parties

Applicant: European Commission (represented by: S. Pardo Quintillán and A. Marghelis, Agents)

Defendant: Kingdom of Belgium

Form of order sought

—Declare that the Kingdom of Belgium has failed to fulfil its obligations under Article 260(1) of the Treaty on the Functioning of the European Union, since it has failed to take all the measures necessary to comply with the judgment of the Court of Justice of 8 July 2004 in Case C-27/03;

—order the Kingdom of Belgium to pay to the Commission the proposed penalty payment of EUR 55 836 for each day of delay in complying with the judgment in Case C-27/03, from delivery of the judgment in the present case until the date on which the judgment in Case C-27/03 has been complied with;

—order the Kingdom of Belgium to pay to the Commission the daily lump sum of EUR 6 204, from 8 July 2004, the date on which the judgment in Case C-27/03 was delivered, until delivery of the judgment in the present case or until the date on which the judgment in Case C-27/03 has been complied with, if earlier;

—order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

In support of its action, the Commission submits that, in the case of the Bruxelles-Capitale (Brussels-Capital) agglomeration and six agglomerations with a with a p.e. (population equivalent) of more than 10 000 in the Walloon Region, the collecting systems for urban waste water still fail to comply with the requirements of Article 3(1) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment. (1)

In addition, in the case of the Bruxelles-Capitale agglomeration, one agglomeration of more than 10 000 p.e. in the Flemish Region and 19 agglomerations of more than 10 000 p.e. in the Walloon Region, the systems for treating the urban waste water discharged into sensitive areas still fail to comply with the requirements laid down in Article 5(2) and (3) of Directive 91/271/EEC.

The Commission thereby concludes that Belgium has not yet taken the measures necessary to comply fully with the judgment of the Court of 8 July 2004.

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Language of the case: French.