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Case C-205/17: Judgment of the Court (Eighth Chamber) of 25 July 2018 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Collection and treatment of urban waste water — Directive 91/271/EEC — Articles 3 and 4 — Judgment of the Court declaring a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment and lump sum)
ECLI:EU:UNKNOWN:62017CA0205
62017CA0205
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Official Journal of the European Union
C 328/17
(Case C-205/17) (<span class="super note-tag">1</span>)
((Failure of a Member State to fulfil obligations - Collection and treatment of urban waste water - Directive 91/271/EEC - Articles 3 and 4 - Judgment of the Court declaring a failure to fulfil obligations - Non-compliance - Article 260(2) TFEU - Pecuniary penalties - Penalty payment and lump sum))
(2018/C 328/20)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: E. Manhaeve and E. Sanfrutos Cano, acting as Agents)
Defendant: Kingdom of Spain (represented by: A. Gavela Llopis, acting as Agent)
Operative part of the judgment
The Court:
1.Declares that, by failing to take all the measures necessary to comply with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), the Kingdom of Spain has failed to fulfil its obligations under Article 260(1) TFEU;
2.Orders that, if the failure to fulfil obligations established in point 1 has continued until the day of delivery of the present judgment, the Kingdom of Spain must pay the European Commission a penalty payment of EUR 10 950 000 for each six-month period of delay in implementing the measures necessary to comply with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), from the date of delivery of the present judgment until the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260), has been complied with in full, the actual amount of which must be calculated at the end of each six-month period by reducing the total amount relating to each of those periods by a percentage corresponding to the proportion that the number of population equivalents of the agglomerations whose urban waste water treatment and/or collection systems have been rendered compliant with the judgment of 14 April 2011, Commission v Spain (C-343/10, not published, EU:C:2011:260) at the end of the period in question bears to the number of population equivalents of the agglomerations not having such systems on the day of delivery of the present judgment;
3.Orders the Kingdom of Spain to pay to the European Commission a lump sum of EUR 12 million;
4.Orders the Kingdom of Spain to pay the costs.
(<span class="note">1</span>) OJ C 195, 19.6.2017.