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Case C-576/11: Judgment of the Court (First Chamber) of 28 November 2013 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Treatment of urban waste water — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260 TFEU — Pecuniary penalties — Imposition of a penalty payment and a lump sum payment)
ECLI:EU:UNKNOWN:62011CA0576
62011CA0576
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15.2.2014
Official Journal of the European Union
C 45/6
(Case C-576/11)(Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Treatment of urban waste water - Judgment of the Court establishing a failure to fulfil obligations - Non-implementation - Article 260 TFEU - Pecuniary penalties - Imposition of a penalty payment and a lump sum payment)
2014/C 45/11
Language of the case: French
Parties
Applicant: European Commission (represented by: O. Beynet, B. Simon and E. Manhaeve, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: P. Frantzen and C. Schiltz, acting as Agents)
Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by S. Behzadi-Spencer, C. Murrell and S. Ford, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Incomplete compliance with a judgment of the Court of 23 November 2006 in Case C-452/05 Commission v Luxembourg on the failure to transpose the provisions of Council Directive 91/271/EEC concerning urban waste-water treatment (OJ 1991 L 135, p. 40) — Incorrect application of Article 5(4) of that directive.
Operative part of the judgment
The Court:
1.Declares that, by failing to take all the measures necessary to comply with the judgment of 23 November 2006 in Case C-452/05 Commission v Luxembourg, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 260(1) TFEU.
2.Orders the Grand Duchy of Luxembourg to pay to the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 2 000 000.
3.Declares that, if the failure to fulfil obligations found in point 1 has continued until the date of delivery of this judgment, the Grand Duchy of Luxembourg shall be ordered to pay to the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 2 800 for each day of delay in taking the measures necessary to comply with the judgment of 23 November 2006 in Case C-452/05 Commission v Luxembourg, from the date of delivery of this judgment until the date on which the judgment in Case C-452/05 Commission v Luxembourg has been complied with in full.
4.Orders the Grand Duchy of Luxembourg to pay the costs.
5.Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
(1) OJ C 39, 11.02.2012