Source: All England Reporter
Publisher Citation: [2004] All ER (D) 282 (Jul)
Court: Court of Justice of the European Communities (Second chamber)
Judge:

Judges Timmermans (President of the Chamber), Gulmann, Puissochet, Cunha Rodgrigues, and Colneric (Rapporteur)
Judgment Dates: 15 July 2004

Catchwords

European Communities - Commission - Failure of member state to fulfil obligations - Application for a declaration - EC Treaty, art 10.

The Case

The Court would make a declaration that, by failing to take all the measures necessary to ensure that the quality of bathing water complied with the mandatory limit values laid down under art3 of Council Directive 76-160-EEC concerning the quality of bathing water, the respondent member state had failed to fulfil its obligations under art4(1) of the directive, in conjunction with art3 and the annex to that directive.

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