Judgment of the Court (Fourth Chamber) of 14 June 2007 – Commission v Ireland

(Case C‑148/05)

Failure of a Member State to fulfil its obligations – Directive 79/923/EEC – Quality of shellfish waters – Designation of shellfish waters – Pollution reduction programmes – Setting control parameters

1.                     Actions for failure to fulfil obligations – Pre-litigation procedure – Formal notice (Art. 226 EC) (see para. 32)

2.                     Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the procedure prior to the action (Art. 226 EC) (see paras 34-35)

3.                     Approximation of laws – Quality required of shellfish waters – Directive 79/923 (Council Directive 79/923, Arts 3 and 4) (see paras 46-48, 61-66)

Re:

Failure of a Member State to fulfil obligations – Incomplete transposition of Articles 3, 4 and 5 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (OJ 1979 L 281, p. 47) – Failure to designate certain shellfish waters, to establish pollution-reduction programmes and to set control parameters.

Operative part

The Court:

Declares that, by failing:

–       in accordance with Article 4 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters, to designate all shellfish waters requiring designation;

–       in accordance with Article 3 of Directive 79/923, to set all the required values in respect of shellfish waters designated or requiring designation pursuant to Article 4; and

–       in accordance with Article 5 of Directive 79/923, to take all necessary measures to establish pollution reduction programmes for waters requiring designation pursuant to Article 4,

Ireland has failed to fulfil its obligations under that directive;

Orders Ireland to pay the costs.