This document is an excerpt from the EUR-Lex website
Document 62023CN0268
Case C-268/23: Action brought on 26 April 2023 — European Commission v French Republic
Case C-268/23: Action brought on 26 April 2023 — European Commission v French Republic
Case C-268/23: Action brought on 26 April 2023 — European Commission v French Republic
OJ C 252, 17.7.2023, p. 31–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
17.7.2023 |
EN |
Official Journal of the European Union |
C 252/31 |
Action brought on 26 April 2023 — European Commission v French Republic
(Case C-268/23)
(2023/C 252/34)
Language of the case: French
Parties
Applicant: European Commission (represented by: E. Sanfrutos Cano and C. Valero, acting as Agents)
Defendant: French Republic
Form of order sought
The European Commission claims that the Court should:
— |
declare that, in not having taken the measures necessary to:
the French Republic has failed to fulfil its obligations under Article 4 and/or Article 5, read in combination with Annex I.B, and under Article 10 and Article 15, read in combination with Annexes I.B and I.D to Directive 91/271, |
— |
order the French Republic to pay the costs. |
Pleas in law and main arguments
The Commission puts forward four main complaints.
First, the French Republic has failed to take the measures necessary to ensure that, in 87 agglomerations, collected urban waste water, before being discharged, is subject to secondary treatment in accordance with Article 4 of Directive 91/271, in conformity with the parameters set out in Annex I.B to that directive or an equivalent treatment.
Second, France has failed to take the measures necessary to ensure that, in 13 agglomerations which discharge urban waste water to sensitive areas, the said waste water is subject, before being discharged, to more stringent treatment than secondary treatment or an equivalent treatment in accordance with Article 5 of Directive 91/271 in conformity with the parameters prescribed in Annex I.B thereto.
Third, France has failed to take the measures necessary to ensure that, in 87 agglomerations, urban waste water treatment plants are designed, constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions and that their design takes into account seasonal variations of the load in accordance with Article 10 of Directive 91/271.
Fourth, France has failed to take the measures necessary to ensure that competent authorities or appropriate bodies monitor discharges from urban waste water treatment plants in 87 agglomerations to verify compliance with the requirements of Annex I.B in accordance with the control procedures laid down in Annex I.D, as is required by the first indent of Article 15(1) of Directive 91/271.
(1) Council Directive of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40).