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Document 62016CA0543
Case C-543/16: Judgment of the Court (Ninth Chamber) of 21 June 2018 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(5) and (7) — Annex II, A, points 1 to 3 and 5 — Annex III(1), points 1 to 3, and (2) — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequacy of measures in force — Supplemental or enhanced measures — Review of the action programme — Limitation of land application — Balanced fertilisation — Periods of land application — Capacity of tanks for storing manure — Land application on steeply-sloping surfaces and on frozen or snow-covered land)
Case C-543/16: Judgment of the Court (Ninth Chamber) of 21 June 2018 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(5) and (7) — Annex II, A, points 1 to 3 and 5 — Annex III(1), points 1 to 3, and (2) — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequacy of measures in force — Supplemental or enhanced measures — Review of the action programme — Limitation of land application — Balanced fertilisation — Periods of land application — Capacity of tanks for storing manure — Land application on steeply-sloping surfaces and on frozen or snow-covered land)
Case C-543/16: Judgment of the Court (Ninth Chamber) of 21 June 2018 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(5) and (7) — Annex II, A, points 1 to 3 and 5 — Annex III(1), points 1 to 3, and (2) — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequacy of measures in force — Supplemental or enhanced measures — Review of the action programme — Limitation of land application — Balanced fertilisation — Periods of land application — Capacity of tanks for storing manure — Land application on steeply-sloping surfaces and on frozen or snow-covered land)
OJ C 285, 13.8.2018, p. 6–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Case C-543/16: Judgment of the Court (Ninth Chamber) of 21 June 2018 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(5) and (7) — Annex II, A, points 1 to 3 and 5 — Annex III(1), points 1 to 3, and (2) — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequacy of measures in force — Supplemental or enhanced measures — Review of the action programme — Limitation of land application — Balanced fertilisation — Periods of land application — Capacity of tanks for storing manure — Land application on steeply-sloping surfaces and on frozen or snow-covered land)
Judgment of the Court (Ninth Chamber) of 21 June 2018 — European Commission v Federal Republic of Germany
(Case C-543/16) ( 1 )
‛(Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(5) and (7) — Annex II, A, points 1 to 3 and 5 — Annex III(1), points 1 to 3, and (2) — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequacy of measures in force — Supplemental or enhanced measures — Review of the action programme — Limitation of land application — Balanced fertilisation — Periods of land application — Capacity of tanks for storing manure — Land application on steeply-sloping surfaces and on frozen or snow-covered land)’
2018/C 285/07Language of the case: GermanParties
Applicant: European Commission (represented by: C. Hermes and E. Manhaeve, acting as Agents)
Defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents)
Intervener in support of the defendant: Kingdom of Denmark (represented by: C. Thorning and M. Wolff, acting as Agents)
Operative part of the judgment
The Court:
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1) |
Declares that, by failing to adopt supplemental or enhanced measures as soon as it became apparent that the measures of the German action programme were inadequate and by failing to review that action programme, the Federal Republic of Germany failed to fulfil its obligations under Article 5(5) and (7) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008, read in conjunction with Annex II, A, points 1 to 3 and 5, and Annex III(1), points 1 to 3, and (2) to that directive; |
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2. |
Orders the Federal Republic of Germany to pay the costs. |
( 1 ) OJ C 6, 9.1.2017.