Action brought on 18 November 2011 — European Commission v Grand Duchy of Luxembourg

(Case C-576/11)

(2012/C 39/16)

Language of the case: French

Parties

Applicant: European Commission (represented by: O. Beynet and B. Simon, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

—	Declare that, by not taking all necessary measures to comply with the judgment delivered by the Court of Justice on 23 November 2006 in Case C-425/05, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 260(1) of the Treaty on the Functioning of the European Union;

—

Order the Grand Duchy of Luxemburg to pay to the Commission the proposed penalty payment of EUR 11 340 for each day of delay in compliance with the judgment of 23 November 2006 in Case C-452/05, running from the date of delivery of the judgment in the present case until the date upon which the judgment in Case C-452/05 has been complied with;

—

Order the Grand Duchy of Luxembourg to pay the Commission a daily lump sum of EUR 1 248, running from the date of delivery of the judgment of 23 November 2006 in Case C-452/05 until the date of delivery of the judgment in the present case, or until the date upon which the judgment in Case C-452/05 has been complied with, if it is implemented earlier;

—	Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

In support of its action, the Commission argues that, as is clear from examining the information communicated by the Luxembourg authorities, Luxembourg has not, to date, fully complied with the judgment of the Court almost five years after that judgment was delivered. Luxembourg has not complied with the provisions of either Article 5(4) or Article 5(2). Six waste water treatment plants serving agglomerations with a population equivalent of over 10 000 are still not compliant with the requirements laid down by Directive 97/221/EEC (1).

(1) Council Directive of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40)