21.6.2008   

EN

Official Journal of the European Union

C 158/7

Judgment of the Court (Seventh Chamber) of 8 May 2008 — Commission of the European Communities v Portuguese Republic

(Case C-233/07) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 91/271/EEC - Urban waste water treatment - Decision 2001/720/EC - Derogation regarding urban waste water treatment for the agglomeration of the Estoril coast - Infringement of Articles 2, 3 and 5 of Decision 2001/720/EC)

(2008/C 158/10)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and P. Andrade, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes and M.J. Lois, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3 and 5 of the Commission Decision of 8 October 2001 granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast (OJ 2001 L 269, p. 14)

Operative part of the judgment

The Court:

1.

Declares that the Portuguese Republic has failed to fulfil its obligations under Articles 2, 3 and 5 of Commission Decision 2001/720/EC granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast, by:

—

failing to subject, during the bathing season, the urban waste water from the agglomeration of the Estoril coast, prior to discharge into the sea, to at least advanced primary treatment and to a disinfection system in accordance with Article 2 of that decision,

—

failing to subject, outside the bathing season, the urban waste water from the agglomeration of the Estoril coast, prior to discharge, to at least primary treatments, in accordance with Article 3 of that decision, and

—

suffering the discharge of urban waste water from the agglomeration of the Estoril coast to produce adverse effects on the environment;

2.

Orders the Portuguese Republic to pay the costs.

(1)  OJ C 170, 21.7.2007.