Judgment of the Court (Sixth Chamber) of 30 November 2006 – Commission v Italy

(Case C-293/05)

Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Pollution and nuisance – Urban waste-water treatment – Province of Varese

1. Actions for failure to fulfil obligations – Pre-litigation procedure – Purpose – Reasoned opinion (Art. 226 EC) (see paras 19-21)

2. Actions for failure to fulfil obligations – Pre-litigation procedure – Purpose – Time-limits notified to the Member State (Art. 226 EC) (see para. 25)

3. Environment – Urban waste-water treatment – Directive 91/271 – Discharge in a sensitive area (Art. 174(2) EC; Council Directive 91/271, Art. 3(1), second para., and 5(2)) (see paras 30-32)

4. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on internal order – Not permissible (Art. 226 EC) (see para. 35)

Re:

Operative part

The Court:

1.Declares that, by failing to take measures to ensure that, as from 31 December 1998, urban waste water from the agglomeration of several communes of the Province of Varese situated in the basin of the River Olona is subject to more stringent treatment than the secondary treatment or equivalent treatment provided for in Article 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, the Italian Republic has failed to fulfil its obligations under Article 5(2) and (5) of that directive;

2.Orders the Italian Republic to pay the costs.