Source: All England Reporter
Publisher Citation: [2005] All ER (D) 125 (Sep)
Court: Court of Justice of the European Communities (Third Chamber)
Judge:

Judges Rosas (President of the Chamber), Borg Barthet, von Bahr, Malenovsky and O Caoimh
Judgment Dates: 22 September 2005

Catchwords

European community - Environment - Water - Nitrates - Treaty provisions - Obligations under treaty - Failure to fulfil obligation - Protection of waters against pollution caused by nitrates from agricultural sources - Application for declaration - Whether member state failing to fulfil obligations under directive - Council Directive (EEC) 91/676.

The Case

By failing to adopt within the time limits set in reasoned opinions sent to the Belgian authorities: (i) in the case of the Flemish region, the measures needed for the full and correct implementation of arts3(1), (2), 4, 5 and 10 of Council Directive (EEC) 91-676 (concerning the protection of waters against pollution caused by nitrates from agricultural sources); and (ii) in the case of the Walloon region, the measures needed for the full and correct implementation of arts3(1) and (2) and 5 of the directive, the Belgium had failed to fulfil its obligations under the directive.

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