Action brought on 20 July 2005 by the Commission of the European Communities against the Italian Republic

(Case C-293/05)

(2005/C 229/19)

Language of the case: Italian

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 20 July 2005 by the Commission of the European Communities, represented by Sara Pardo Quintillan and Donatella Recchia, of its Legal Service.

The applicant claims that the Court should:

Pleas in law and main arguments

The Commission does not challenge the failure to designate the basin which drains the southern Lambro-Olona area as a sensitive area, inasmuch as appropriate infringement proceedings are pending for that purpose. However, that drainage basin is part of an area situated within the Po basin, which has been officially designated a sensitive area.

Accordingly, pursuant to Article 5(5) of Directive 91/271, which refers to Article 5(2) thereof, water from the agglomeration in the Province of Varese situated in the basin of the River Olona should have been subject to more stringent treatment than secondary treatment since 31 December 1998.

Despite the passing of that time-limit, the agglomeration of the Varese area has, up to the present day, still not been provided with purification plants to ensure that the waste water from that agglomeration is treated in accordance with Article 5(2) of Directive 91/271/EEC.

(1)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135 of 30.05.1991, p. 40).