Judgment of the Court (Seventh Chamber) of 8 May 2008 – Commission v Portugal

(Case C‑233/07)

Failure of a Member State to fulfil obligations – Environment – Directive 91/271/EEC – Urban waste water treatment – Decision 2001/720/EC – Derogation regarding urban waste water treatment for the agglomeration of the Estoril coast – Infringement of Articles 2, 3 and 5 of Decision 2001/720/EC

1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 31)

2.                     Member States – Obligations – Failure to fulfil obligations – Justification based on difficulties in application – Not permissible (Art. 226 EC) (see para. 33)

3.                     Environment – Urban waste water treatment – Directive 91/271 – Exceptions (Council Directive 91/271; Commission Decision 2001/720, Arts 2, 3 and 5) (see paras 41, 47-56)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 2, 3 and 5 of the Commission Decision of 8 October 2001 granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast (OJ 2001 L 269, p. 14).

Operative part

The Court:

1. Declares that the Portuguese Republic has failed to fulfil its obligations under Articles 2, 3 and 5 of Commission Decision 2001/720/EC of 8 October 2001 granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast, by

–        failing to subject, during the bathing season, the urban waste water from the agglomeration of the Estoril coast, prior to discharge into the sea, to at least advanced primary treatment and to a disinfection system in accordance with Article 2 of that decision,

–        failing to subject, outside the bathing season, the urban waste water from the agglomeration of the Estoril coast, prior to discharge, to at least primary treatment in accordance with Article 3 of that decision, and

–        allowing the discharge of urban waste water from the agglomeration of the Estoril coast to produce adverse effects on the environment;

2. Orders the Portuguese Republic to pay the costs.