Source: All England Reporter
Publisher Citation: [2002] All ER (D) 284 (Mar)
Court: Court of Justice of the European Communities (Third Chamber)

Judges Macken (President), Gulmann (Rapporteur) and

Judgment Dates: 19 March 2002


European Community - Failure of a member state to fulfil obligations - Inadequate implementation of directive - Netherlands - Environment - Water - Quality of bathing water - Whether Netherlands fulfilling obligations - Council Directive (EEC) 76/160, arts 4(1) and 6(1).

The Case

On an application by the Commission of the European Communities under art226 EC (formerly EC Treaty, art169), the Court of Justice of the European Communities declared that the Netherlands had failed to fulfil its obligations under art4(1) of Council Directive (EEC) 76-160 (concerning the quality of bathing water) by failing to adopt the measures necessary to ensure that the quality of bathing water complied with limit values and under art6(1) of the directive by failing to carry out sampling operations in accordance with the minimum sampling frequencies laid down in the annex to the directive, the Netherlands having accepted that it had failed to fulfil its obligations and having deferred to the judgement of the Court.

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