Official Journal of the European Union

C 153/8

(Case C-530/07) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisance - Urban waste water treatment - Articles 3 and 4)

2009/C 153/16

Language of the case: Portuguese

Parties

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

Defendant: Portuguese Republic (represented by: L. Inez Fernandes and M. J. Lois, acting as Agents)

Re:

Failure of Member State to fulfil obligations — Failure to adopt in the prescribed period the measures necessary to comply with Art. 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40)

Operative part of the judgment

The Court:

1.Declares that, by failing to provide, in accordance with the provisions of Article 3 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the agglomerations of Bacia do Rio Uima (Fiães S. Jorge), Costa de Aveiro, Covilhã, Espinho/Feira, Ponta Delgada, Póvoa de Varzim/Vila do Conde and Santa Cita with collection systems, and by failing to subject to secondary treatment or an equivalent treatment, in accordance with Article 4 of that directive, the urban waste water from the agglomerations of Alverca, Bacio do Rio Uima (Fiães S. Jorge), Carvoeiro, Costa de Aveiro, Costa Oeste, Covilhã, Lisbon, Matosinhos, Milfontes, Nazaré/Famalicão, Ponta Delgada, Póvoa de Varzim/Vila do Conde, Santa Cita, Vila Franca de Xira and Vila Real de Santo António, the Portuguese Republic has failed to fulfil its obligations under Articles 3 and 4 of that directive.

2.Orders the Portuguese Republic to pay the costs.

(<span class="super">1</span>) OJ C 37, 9.2.2008.