Case C‑395/13

European Commission

v

Kingdom of Belgium

‛Failure of a Member State to fulfil obligations — Urban waste water — Directive 91/271/EEC — Articles 3 and 4 — Obligation to collect — Obligation to treat’

Summary — Judgment of the Court (Fifth Chamber), 6 November 2014

1. Environment — Urban waste-water treatment — Directive 91/271 — Implementation by Member States — Obligation to achieve a result — Failure to satisfy that obligation — Failure to fulfil obligations — National system pleaded as justification — Not permissible

   (Art. 253 TFEU; Council Directive 91/271, Art. 3 and 4)

2. Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — Assessment of the expediency of bringing proceedings — To be exercised at its discretion

   (Art. 258 TFEU)

3. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion

   (Art. 258 TFEU)

4. Environment — Urban waste water treatment — Directive 91/271 — Member State not having set up a system for collecting and treating urban waste waters of agglomerations with a population equivalent of between 2000 and 15 000 — Failure to fulfil obligations

   (Art. 258 TFEU; Council Directive 91/271, Arts 2 to 4)

1.  See the text of the decision.

   (see paras 31, 51)

2.  See the text of the decision.

   (see para. 32)

3.  See the text of the decision.

   (see para. 39)

4.  A Member State which does not ensure the collection and treatment of urban waste waters of agglomerations with a population equivalent of between 2000 and 15 000 has failed to fulfil its obligations under Articles 3 and 4 of Directive 91/271 concerning urban waste water treatment.

   Moreover, since Member States’ obligations under Articles 3 and 4 of Directive 91/271 relate specifically to agglomerations, as defined in Article 2 of that directive, and vary depending on their size, non-compliance with the requirements of the directive must be ascertained in relation to each agglomeration considered individually.

   (see paras 38, 52, operative part)

Case C‑395/13

European Commission

v

Kingdom of Belgium

‛Failure of a Member State to fulfil obligations — Urban waste water — Directive 91/271/EEC — Articles 3 and 4 — Obligation to collect — Obligation to treat’

Summary — Judgment of the Court (Fifth Chamber), 6 November 2014

1. Environment — Urban waste-water treatment — Directive 91/271 — Implementation by Member States — Obligation to achieve a result — Failure to satisfy that obligation — Failure to fulfil obligations — National system pleaded as justification — Not permissible

   (Art. 253 TFEU; Council Directive 91/271, Art. 3 and 4)

2. Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — Assessment of the expediency of bringing proceedings — To be exercised at its discretion

   (Art. 258 TFEU)

3. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion

   (Art. 258 TFEU)

4. Environment — Urban waste water treatment — Directive 91/271 — Member State not having set up a system for collecting and treating urban waste waters of agglomerations with a population equivalent of between 2000 and 15 000 — Failure to fulfil obligations

   (Art. 258 TFEU; Council Directive 91/271, Arts 2 to 4)

1.  See the text of the decision.

   (see paras 31, 51)

2.  See the text of the decision.

   (see para. 32)

3.  See the text of the decision.

   (see para. 39)

4.  A Member State which does not ensure the collection and treatment of urban waste waters of agglomerations with a population equivalent of between 2000 and 15 000 has failed to fulfil its obligations under Articles 3 and 4 of Directive 91/271 concerning urban waste water treatment.

   Moreover, since Member States’ obligations under Articles 3 and 4 of Directive 91/271 relate specifically to agglomerations, as defined in Article 2 of that directive, and vary depending on their size, non-compliance with the requirements of the directive must be ascertained in relation to each agglomeration considered individually.

   (see paras 38, 52, operative part)