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Document 62007CJ0147

Judgment of the Court (Seventh Chamber) of 31 January 2008.
Commission of the European Communities v French Republic.
Failure of a Member State to fulfil obligations - Directives 80/778/EEC and 98/83/EC - Quality of water intended for human consumption - Maximum concentrations of nitrates and pesticides - Incorrect application.
Case C-147/07.

European Court Reports 2008 I-00020*

ECLI identifier: ECLI:EU:C:2008:67





Judgment of the Court (Seventh Chamber) of 31 January 2008 – Commission v France

(Case C‑147/07)

Failure of a Member State to fulfil obligations – Directives 80/778/EEC and 98/83/EC – Quality of water intended for human consumption – Maximum concentrations of nitrates and pesticides – Incorrect application

1.                     Actions for failure to fulfil obligations – Examination of 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. 14)

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 18-19)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Article 4 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ 1998 L 330, p. 32) – Failure, in certain départements , to remain within the chemical parameters laid down in Annex I, Part B, to Directive 98/83 – Nitrates and pesticides.

Operative part

The Court:

1.

Declares that, by failing to take the measures necessary to comply with Article 4 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, the French Republic has failed to fulfil its obligations under that directive;

2.

Orders the French Republic to pay the costs.

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