Action brought on 10 August 2023 – European Commission v Italian Republic
(Case C-515/23)
Language of the case: Italian
Parties
Applicant: European Commission (represented by: G. Gattinara and E. Sanfrutos Cano, Agents)
Defendant: Italian Republic
Form of order sought
The Commission claims that the Court should:
declare that, by failing to take all of the measures necessary to comply with the judgment of the Court of 10 April 2014 in Case C-85/13, Commission v Italy (EU:C:2014:251), the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU;
order the Italian Republic to pay the Commission a daily penalty of EUR 122 760, less a possible reduction calculated by the proposed reduction formula, for each day of delay in complying with the judgment of the Court of 10 April 2014 in Case C-85/13, Commission v Italy (EU:C:2014:251), from the date of judgment in the present case and until the date on which the judgment of 10 April 2014 in Case C-85/13 Commission v Italy (EU:C:2014:251) is complied with;
order the Italian Republic to pay the Commission a daily lump sum of EUR 13 640, less a possible reduction calculated by the proposed reduction formula, in a minimum total amount of EUR 9 548 000, from the date of the judgment of 10 April 2014 in Case C-85/13, Commission v Italy (EU:C:2014:251) and until the date of judgment in the present case or until the date of compliance with the judgment of 10 April 2014 in Case C-85/13, Commission v Italy (EU:C:2014:251), where such date of compliance is earlier than the date of judgment of the present case;
order the Italian Republic to pay the costs of the proceedings.
Pleas in law and main arguments
The Commission has brought legal proceedings under Article 260(2) TFEU due to the persistent failure to comply with the judgment of the Court of 10 April 2014, Commission v Italy, C-85/13, EU:C:2014:251.
In relation to the failure to comply with the judgment in Case C-85/13, the Commission states in the first place that, to date, Italy has not taken the measures necessary to ensure that, in all of the agglomerations covered by the judgment of the Court of Justice in Case C-85/13 with a population equivalent (‘p.e.’) greater than 10 000, the urban waste water entering collecting systems is subject to, before discharge, secondary treatment or an equivalent treatment, in compliance with Article 4 of Directive 91/271/EEC. 1 In particular, the infringement of Article 4 of the directive persists in the agglomerations of Castellammare del Golfo I, Cinisi, Terrasini (Region of Sicily) and of Courmayeur (the Aosta Valley).
In the second place, the Commission submits that Italy has not taken the measures necessary to ensure that, in all of the agglomerations covered by the judgment of the Court in Case C-85/13, with a population greater than 10 000 p.e. and in which urban waste water is discharged in receiving waters considered as ‘senstitive areas’ within the meaning of Article 5(1) of the directive, namely, Castellammare del Golfo I, Cinisi, Terrasini and Trappeto, the urban waste water entering collecting systems is subject to, before discharge, more stringent treatment than a secondary or equivalent treatment, in compliance with Article 5 of the directive.
In the third and last place, according to the Commission, Italy has not taken the measures necessary to ensure that the urban waste water treatment plants in all of the agglomerations covered by the judgment of the Court in Case C-85/13 and built to comply with the requirements laid down in the directive, are designed, constructed, operated and maintained in a way that ensures sufficient performance under all normal local climactic conditions and that the urban waste water treatment plants are designed in a way that takes into account the seasonal variations of the load, thus infringing Article 10 of the directive.
In relation to the financial penalties under Article 260(2) TFEU, the Commission asks the Court to require payment to the Commission of both a daily penalty payment of EUR 122 760, less a possible reduction due to the possible presence of agglomerations that have in the meantime become compliant, for each day of delay in complying with the judgment of 10 April 2014 in Case C-85/13, from the date of judgment in the present case and until the date on which the judgment in Case C-85/13 has been complied with, and a lump sum payment on the basis of a daily amount of EUR 13 640, in the total minimum amount of EUR 9 548 000.
In particular, for the final calculation of the lump sum which must be paid by the Italian Republic, the daily amount must be multiplied by the number of days of continuous infringement, that is, the number of days that elapse between the judgment of the Court of 10 April 2014 in Case C-85/13 and the date of the judgment issued in the present case or, if earlier, the date of compliance by the Italian Republic with the judgment in Case C-85/13, less a possible reduction due to the possible presence of agglomerations that have in the meantime become compliant.
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1 Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40).