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Document 62014CJ0190

Commission v Denmark

Judgment of the Court (Eighth Chamber) of 6 November 2014 — Commission v Denmark

(Case C‑190/14) ( 1 )

‛Failure of a Member State to fulfil obligations — Directive 2000/60/EC — EU water policy — River basin management plans — Publication — Failure to notify the European Commission’

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. 258 TFEU; European Parliament and Council Directive 2000/60, Art. 13(1), (2) and (6) and 15(1)) (see para. 15)

2. 

Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see paras 16, 19)

Operative part

The Court:

1. 

Declares that, by failing to publish the final river basin management plans by 22 December 2009 at the latest and by failing to send a copy of those plans to the Commission by 22 March 2010 at the latest, the Kingdom of Denmark has failed to fulfil its obligations under Article 13(1), (2) and (6) and Article 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;

2. 

Orders the Kingdom of Denmark to pay the costs.


( 1 ) OJ C 223, of 14.07.2014.

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Judgment of the Court (Eighth Chamber) of 6 November 2014 — Commission v Denmark

(Case C‑190/14) ( 1 )

‛Failure of a Member State to fulfil obligations — Directive 2000/60/EC — EU water policy — River basin management plans — Publication — Failure to notify the European Commission’

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. 258 TFEU; European Parliament and Council Directive 2000/60, Art. 13(1), (2) and (6) and 15(1)) (see para. 15)

2. 

Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see paras 16, 19)

Operative part

The Court:

1. 

Declares that, by failing to publish the final river basin management plans by 22 December 2009 at the latest and by failing to send a copy of those plans to the Commission by 22 March 2010 at the latest, the Kingdom of Denmark has failed to fulfil its obligations under Article 13(1), (2) and (6) and Article 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;

2. 

Orders the Kingdom of Denmark to pay the costs.


( 1 )   OJ C 223, of 14.07.2014.

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