1. 

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; Council Directive 91/271, Art. 4(1) and (3))

(see para. 17)

2. 

Actions for failure to fulfil obligations—Examination of the merits by the Court—Determination of whether the Member State concerned has filed fulfil its obligations—Irrelevant

(Art. 258 TFEU)

(see para. 21)

3. 

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

(Art. 258 TFEU; Council Directive 91/271, Art. 4(1) and (3) and Annex I, point B)

(see paras 22, 23, 25, 26, 30, operative part 1)

1.

Declares that, by failing to ensure secondary treatment or equivalent treatment for urban waste water from the agglomerations of Goyave, Bastelica, Morne-à-l’Eau, Aiguilles-Château-Ville Vieille, Borgo-Nord, Isola, Plombières-les-Bains, Saint-Céré, Vincey, Etueffont, Volx and Villeneuve, either for the entire amount of their discharges, in the case of agglomerations having a population equivalent of between 10000 and 15000, or for discharges into fresh water and estuaries, in the case of agglomerations having a population equivalent of between 2000 and 10000, the French Republic has failed to fulfil its obligations under Article 4(1) and (3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008;

2.

Dismisses the action as to the remainder;

3.

Orders the French Republic to pay the costs.