Action brought on 14 May 2024 – European Commission v Ireland

(Case C-346/24)

Language of the case: English

Parties

Applicant: European Commission (represented by: L. Armati and E. Sanfrutos Cano, Agents)

Defendant: Ireland

The applicant claims that the Court should:

declare that, by failing to fulfil its obligations related to reviewing, updating and reporting, by 22 March 2022, river basin management plans, Ireland has failed to fulfil its obligations under Articles 13(7) and 15(1) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy¹ (hereafter “The Water Framework Directive” or “the Directive”);

order Ireland to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive expired on 22 March 2022.

The Water Framework Directive focuses on ensuring good qualitative and quantitative health of European water bodies, such as rivers and lakes. It aims to reduce and remove pollution as well as ensure that there is enough water to support at the same time human needs and wildlife.

Under the Water Framework Directive, Member States must review, update and report their river basin management plans (RBMP) every six years. The Directive entered into force on 22 December 2000. First river basin management plans had to be adopted by 22 December 2009 and first review and update thereof by 22 December 2015.

Member States had to review and update their RBMP for the second time by 22 December 2021, and send copies of those updated plans (the so-called “third generation RBMP”) by 22 March 2022.

Despite the deadline of 22 March 2022 having long passed, the Commission has still not received from Ireland copies of the updated river basin management plans. This is a breach of Article 15(1) of the Directive.

It is also clear from Ireland’s replies in the administrative phase that Ireland has still not reviewed and updated these plans. Consequently, the Commission considers that Ireland is in breach of its obligations under Article 13(7) of the Directive to review and update its river basin management plans.

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¹ OJ 2000, L 327, p. 1.