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Judgment of the Court (Fifth Chamber) of 25 January 2007. # Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. # Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisance - Lack of measures to ensure the adequate treatment of urban waste water from a number of agglomerations. # Case C-405/05.
ECLI:EU:C:2007:61
62005CJ0405
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(Case C‑405/05)
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Pollution and nuisance – Treatment of urban waste water – Lack of measures to ensure the adequate treatment of urban waste water from a number of agglomerations
Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC ) (see para. 7)
Re:
Failure of a Member State to fulfil obligations – Infringement of Article 4(1) and (3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste‑water treatment (OJ 1991 L 135, p. 40) – Failure to ensure adequate treatment of urban waste water from a number of agglomerations.
Operative part
The Court:
Declares that, by failing to take the measures necessary to ensure that adequate treatment was provided for urban waste waters from the agglomerations of Bangor, Brighton, Broadstairs, Carrickfergus, Coleraine, Donaghadee, Larne, Lerwick, Londonderry, Margate, Newtownabbey, Omagh and Portrush by 31 December 2000 at the latest, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 4(1) and (3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment.
Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.