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25.2.2006 |
EN |
Official Journal of the European Union |
C 48/4 |
Judgment of the Court
(First Chamber)
of 15 December 2005
in Case C-26/04: Commission of the European Communities v Kingdom of Spain (1)
(Failure of a Member State to fulfil obligations - Directive 76/160/EEC - Quality of bathing waters - Designation as bathing areas - Directive 79/923/EEC - Quality of shellfish waters - Establishment of a pollution reduction programme)
(2006/C 48/08)
Language of the case: Spanish
In Case C-26/04, action under Article 226 EC for failure to fulfil obligations, brought on 27 January 2004, Commission of the European Communities (Agent: M.G.Valero Jordana) v Kingdom of Spain (Agent: M.E. Braquehais Conesa) — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Schiemann, N. Colneric, J.N. Cunha Rodrigues (Rapporteur) and E. Levits, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 15 December 2005, in which it:
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1. |
Declares that, by failing to adopt a pollution reduction programme for the shellfish waters of the Ría de Vigo, the Kingdom of Spain has failed to fulfil its obligations under Article 5 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters; |
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2. |
Dismisses the remainder of the action; |
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3. |
Orders the Commission of the European Communities and the Kingdom of Spain to bear their own costs. |