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:

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;

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;

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;

4.

Orders the Portuguese Republic to pay the costs.


(1)  OJ C 46, 9.6.2015.