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29.8.2016 |
EN |
Official Journal of the European Union |
C 314/2 |
Judgment of the Court (Third Chamber) of 22 June 2016 — European Commission v Portuguese Republic
(Case C-557/14) (1)
((Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Urban waste water treatment - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Article 260(2) TFEU - Financial penalties - Lump sum payment and penalty payment))
(2016/C 314/03)
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: G. Braga da Cruz and E. Manhaeve, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes, J. Reis Silva and J. Brito e Silva, acting as Agents)
Operative part of the judgment
The Court:
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1. |
Declares that, by failing to take all the measures necessary to comply with the judgment of 7 May 2009 in Commission v Portugal (C-530/07, EU:C:2009:292), the Portuguese Republic has failed to fulfil its obligations under Article 260(1) TFEU; |
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2. |
If the failure to fulfil obligations established in point 1 has continued until the day of delivery of the present judgment, orders the Portuguese Republic to pay the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 8 000 for each day of delay in implementing the measures necessary to comply with the judgment of 7 May 2009 in Commission v Portugal (C-530/07, EU:C:2009:292), from the date of delivery of the present judgment until the judgment of 7 May 2009 in Commission v Portugal (C-530/07, EU:C:2009:292) has been complied with in full; |
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3. |
Orders the Portuguese Republic to pay the European Commission, into the ‘European Union own resources’ account, a lump sum payment of EUR 3 000 000; |
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4. |
Orders the Portuguese Republic to pay the costs. |