Keywords
Summary

Keywords

1. Actions for failure to fulfil obligations — Judgment of the Court establishing such failure — Period allowed for compliance — (Art. 228 EC)

2. Actions for failure to fulfil obligations — Judgment of the Court establishing such failure — Breach of the obligation to comply with the judgment — Financial penalties — Periodic penalty payment — Determination of the amount — Criteria — (Art. 228(2) EC)

3. Actions for failure to fulfil obligations — Judgment of the Court establishing such failure — Breach of the obligation to comply with the judgment — Financial penalties — Periodic penalty payment — Determination of the amount — Failure to comply with Directive 76/160 concerning the quality of bathing water — (Art. 228(2) EC)

Summary

1. Article 228 EC does not specify the period within which a judgment establishing the failure of a Member State to fulfil its obligations must be complied with. However, the importance of immediate and uniform application of Community law means that the process of compliance must be initiated at once and completed as soon as possible.

see para. 27

2. According to Article 228(2) EC, if the Member State concerned has not taken the necessary measures to comply with the Court ' s judgment within the time-limit laid down by the Commission in its reasoned opinion, the latter may bring the case before the Court of Justice, specifying the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.

In order to do this, the Commission must assess the circumstances as they appear on the expiry of the time-limit laid down in its reasoned opinion, issued on the basis of the first subparagraph of Article 228(2) EC.

In that connection the Commission ' s suggestions cannot bind the Court and merely constitute a useful point of reference. In exercising its discretion, it is for the Court to fix the lump sum or penalty payment that is appropriate to the circumstances and proportionate both to the breach that has been found and to the ability to pay of the Member State concerned.

see paras 28-29

3. A penalty payment imposed pursuant to the third subparagraph of Article 228(2) must be such as to ensure that the Member State concerned complies with its obligations and must therefore take account of the features of the infringement established. In the case of a failure to attain the objectives set by Directive 76/160 concerning the quality of bathing water, account must be taken, first, as regards the frequency of the penalty payment, of the fact that the quality of bathing water is assessed only on an annual basis, which means that the penalty payment must be imposed not on a daily basis but for each year of delay. The difficulty of attaining the objectives set by the Directive must also be noted. This means that the penalty payment should not be set at a fixed amount but should gradually decrease in line with the progress made by the defendant Member State in implementing the judgment establishing its failure to fulfil its obligations. Finally, the assessment of the duration of the infringement for the purpose of fixing the amount of the penalty payment must also take account of the difficulty of carrying out the work required in a short time, given that the time-limits entailed by public procurement procedures may not be reduced.

see paras 40, 42-43, 46-49, 53