Judgment of the Court (Grand Chamber) of 29 June 2010 — European Commission v Grand Duchy of Luxembourg

(Case C-526/08) (1)

(Failure of a Member State to fulfil obligations - Admissibility - Non bis in idem - Res judicata - Articles 226 EC and 228 EC - Article 29 of the Rules of Procedure - Language of the case - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Non-compliance of national measures with the rules relating to the periods, conditions and techniques of land application of fertiliser - Minimum storage capacity for liquid manure - Prohibition on land application on steeply sloping ground - Techniques ensuring a uniform and effective land application of fertiliser)

2010/C 234/14

Language of the case: French

Parties

Applicant: European Commission (represented by: S. Pardo Quintillán, N. von Lingen and B. Smulders, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent, and P. Kinsch, avocat)

Re:

Failure to fulfil obligations — Failure to adopt the laws, regulations and administrative provisions necessary to comply fully and properly with Articles 4 and 5, in conjunction with Annex II A(1) and Annex III 1(1), Annex II A(5) and Annex III 1(2), Annex II A(2) and Annex II A(6) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ 1991 L 375, p. 1) — Procedures, conditions and periods of land application of fertilisers — Minimum manure storage capacity — Prohibition of land application on steeply sloping grounds — Techniques for ensuring uniform and efficient land application of fertilisers

Operative part of the judgment

The Court:

(1)  OJ C 44, 21.2.2009.