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Document 62001CJ0278
Judgment of the Court of 25 November 2003.#Commission of the European Communities v Kingdom of Spain.#Failure of a Member State to fulfil obligations - Judgment of the Court establishing such failure - Non-compliance - Article 228 EC - Financial penalties - Penalty payment - Quality of bathing water - Directive 76/160/EEC.#Case C-278/01.
Judgment of the Court of 25 November 2003.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Judgment of the Court establishing such failure - Non-compliance - Article 228 EC - Financial penalties - Penalty payment - Quality of bathing water - Directive 76/160/EEC.
Case C-278/01.
Judgment of the Court of 25 November 2003.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Judgment of the Court establishing such failure - Non-compliance - Article 228 EC - Financial penalties - Penalty payment - Quality of bathing water - Directive 76/160/EEC.
Case C-278/01.
European Court Reports 2003 I-14141
ECLI identifier: ECLI:EU:C:2003:635
«(Failure of a Member State to fulfil obligations – Judgment of the Court establishing such failure – Non-compliance – Article 228 EC – Financial penalties – Penalty payment – Quality of bathing water – Directive 76/160/EEC)»
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(Art. 228 EC)
(Art. 228(2) EC)
(Art. 228(2) EC)
JUDGMENT OF THE COURT (Full Court)
25 November 2003 (1)
((Failure of a Member State to fulfil obligations – Judgment of the Court establishing such failure – Non-compliance – Article 228 EC – Financial penalties – Penalty payment – Quality of bathing water – Directive 76/160/EEC))
In Case C-278/01,
Commission of the European Communities, represented by G. Valero Jordana, acting as Agent, with an address for service in Luxembourg,applicant,
v
Kingdom of Spain, represented by S. Ortiz Vaamonde, acting as Agent, with an address for service in Luxembourg,defendant,
APPLICATION, first, for a declaration that, by not taking the necessary measures to ensure that the quality of inshore bathing water in Spanish territory conforms to the limit values set in accordance with Article 3 of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ 1976 L 31, p. 1), notwithstanding its obligations under Article 4 of that directive, the Kingdom of Spain has not complied with the judgment of the Court of Justice in Case C-92/96 Commission v Spain [1998] ECR I-505, and has accordingly failed to fulfil its obligations under Article 228 EC and, second, for an order that the Kingdom of Spain be required to pay to the Commission, into the account European Community own resources, a penalty payment of EUR 45 600 per day of delay in adopting the measures necessary to comply with the said judgment in Commission v Spain , from the date on which judgment is delivered in this case until the date on which the said judgment in Commission v Spain is complied with,THE COURT (Full Court),,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 6 May 2003,after hearing the Opinion of the Advocate General at the sitting on 12 June 2003,
gives the following
On those grounds,
THE COURT (Full Court),
hereby:
Skouris |
Timmermans |
Gulmann |
Cunha Rodrigues |
Edward |
La Pergola |
Puissochet |
Schintgen |
Macken |
Colneric |
von Bahr |
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R. Grass |
V. Skouris |
Registrar |
President |