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Case C-526/09: Judgment of the Court (Sixth Chamber) of 2 December 2010 — European Commission v Portuguese Republic (Failure of a Member State to fulfil its obligations — Environment — Directive 91/271/EEC — Urban waste-water treatment — Article 11(1) and (2) — Discharge of industrial waste water into collecting systems and urban waste water treatment plants — Subject to prior regulations and/or specific authorisations — Lack of authorisation)

ECLI:EU:UNKNOWN:62009CA0526

62009CA0526

December 2, 2010
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29.1.2011

Official Journal of the European Union

C 30/9

(Case C-526/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil its obligations - Environment - Directive 91/271/EEC - Urban waste-water treatment - Article 11(1) and (2) - Discharge of industrial waste water into collecting systems and urban waste water treatment plants - Subject to prior regulations and/or specific authorisations - Lack of authorisation)

2011/C 30/13

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: S. Pardo Quintillán and G. Braga da Cruz, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Article 11(1) and (2) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40) — Licence to discharge waste water — ‘Estação de Serviço Sobritos’

Operative part of the judgment

The Court:

1.declares that, by permitting the discharge of industrial waste water from the industrial site Estação de Serviço Sobritos Lda, situated in the Matosinhos urban area, without adequate authorisation to that effect, the Portuguese Republic has failed to fulfil its obligations under Article 11(1) and (2) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment;

2.orders the Portuguese Republic to pay the costs.

(<span class="super">1</span>) OJ C 51, 27.02.2010.

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