Source: All England Reporter
Publisher Citation: [2002] All ER (D) 199 (Mar)
Court: Court of Justice of the European Communities (Sixth Chamber)

Judges Macken (President and Rapporteur), Colneric, Gulmann, Schintgen and Skouris

Judgment Dates: 14 March 2002


European Community - Failure of a member state to fulfil obligations - Directive - Transposition into national law - Germany - Environment - Pollution - Waters - Nitrates - Calculation of the maximum amounts of livestock manure applied to land - German legislation allowing deduction of losses during the application process - Whether directive incorrectly transposed into national law - Council Directive (EEC) 19/676, art 5(5) and Point 2 to Annex III.

The Case

On an application by the Commission of the European Communities under art226 EC (formerly art169 of the EC Treaty), the Court of Justice declared that Germany had failed to fulfil its obligations under art5(4) and point2 of AnnexIII to Council Directive (EEC) 19-676 (concerning the protection of waters against pollution caused by nitrates from agricultural sources).

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