EU Law

// Case C-282/02 - Notice - dangerous substaces aquatic

Action brought on 31 July 2002 by the Commission of the European Communities against Ireland.

(Case C-282/02)

An action against Ireland was brought before the Court of Justice of the European Communities on 31 July 2002 by the Commission of the European Communities, represented by Michael Shotter, acting as agent, with an address for service in Luxembourg.

The Applicant claims that the Court should:

-declare that, in failing to take all the measures necessary to ensure a correct transposition and application of Council Directive 76/464/EEC1 of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Ireland has failed to comply with Directive 76/464/EEC and in particular Articles 7 and 9 thereof and with its obligations under the EC Treaty;

-order Ireland to pay the costs.

Pleas in law and main arguments:

The Commission submits that, contrary to Articles 7 and 9 of the Directive, Ireland has generally failed to reduce pollution caused by phosphorus where this was already evident at the time of adoption of the Directive and to prevent its emergence and increase elsewhere. Furthermore, in the Commission's view, Ireland's quality objectives for phosphorus, introduced in 1998, and Irish measures with regard to authorisation of discharges do not comply with the requirements of Articles 7 and 9 of the Directive. In addition, the Commission considers that Ireland's adopted programmes for the reduction of phosphorous pollution suffer from significant shortcomings.

The Commission also submits that Ireland has failed to finalise and adequately implement pollution reduction programmes for List II substances other than phosphorus and/or to communicate programme summary results for these substances.

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1 - OJ L 129, 18.05.1976, p. 23.