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Case C-251/17: Judgment of the Court (First Chamber) of 31 May 2018 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Collection and treatment of urban waste water — Directive 91/271/EEC — Articles 3, 4 and 10 — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Fine and lump sum)
ECLI:EU:UNKNOWN:62017CA0251
62017CA0251
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(Case C-251/17) (*1)
Language of the case: Italian
Parties
Applicant: European Commission (represented by: E. Manhaeve and L. Cimaglia, acting as Agents)
Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, M. Russo and F. De Luca, avvocati dello Stato)
Operative part of the judgment
1)By failing to adopt all the measures necessary to ensure compliance with the judgment of 19 July 2012, Commission v Italy (C-565/10, not published, EU:C:2012:476), the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU.
2)If the failure to fulfil obligations established in point 1 has continued until the day of delivery of the present judgment, the Italian Republic is ordered to pay to the European Commission a fine of EUR 30,112,500 for every six months of delay in implementing the measures necessary to comply with the judgment of 19 July 2012, Commission v Italy (C-565/10, not published, EU:C:2012:476), from the date of delivery of the present judgment until the full compliance with the judgment of 19 July 2012, Commission v Italy (C-565/10, not published, EU:C:2012:476), 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 of population equivalents of the agglomerations whose urban waste water collection and treatment systems have been rendered compliant with the judgment of 19 July 2012, Commission v Italy (C-565/10, not published, EU:C:2012:476), at the end of the period in question, compared with the number of population equivalents of the agglomerations not having such systems on the day of delivery of the present judgment.
3)The Italian Republic is ordered to pay to the European Commission a lump sum of EUR 25 million.
4)The Italian Republic is ordered to pay the costs.
(*1) OJ C 221, 10.7.2017