2.5.2016
EN
Official Journal of the European Union
C 156/13
Judgment of the Court (Sixth Chamber) of 10 March 2016 — European Commission v Kingdom of Spain
(Case C-38/15) (1)
((Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Urban waste water treatment - Collection and treatment systems - Discharges in sensitive areas - Monitoring methods - Collecting of samples))
(2016/C 156/17)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: E. Sanfrutos Cano, E. Manhaeve and D. Loma-Osorio Lerena, acting as Agents)
Defendant: Kingdom of Spain (represented by: A. Gavela Llopis, acting as Agent)
Operative part of the judgment
The Court:
1.
Declares that by, failing to provide adequately for the treatment of urban waste water discharged in sensitive areas and deriving from certain agglomerations, the Kingdom of Spain has failed to fulfil its obligations under, first, Article 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008, in relation to the agglomeration of Pontevedra-Marín-Poio-Bueu and, second, Article 5(2) and (3) of that directive, in relation to the agglomerations of Berga, Figueres, El Terri (Banyoles) and Pontevedra-Marín-Poio-Bueu;
2.
Dismisses the remainder of the action;
3.
Orders the European Commission and the Kingdom of Spain to bear their own respective costs.
(1) OJ C 127, 20.4.2015.
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