Judgment of the Court (Fifth Chamber) of 19 April 2007.#Commission of the European Communities v Kingdom of Spain.#Failure by a Member State to fulfil its obligations - Directive 91/271/EEC - Pollution and nuisance - -Treatment of urban waste water-Agglomeration of Sueca, its coastal districts and certain municipalities of La Ribera - Discharge in a sensitive area without treatment.#Case C-219/05.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 3, 4 and 5(2) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40) – Urban waste water of Sueca, its coastal agglomerations and certain municipalities of La Ribera – Discharge in a sensitive area without adequate treatment.

Operative part

Operative part

The Court:

1. Declares that, by failing to take the measures necessary to ensure that, by 31 December 1998, the urban waste water of the agglomeration of Sueca, its coastal districts (El Perelló, Les Palmeres, Mareny de Barrequetes, Playa del Rey and Boga de Mar) and also certain municipalities of the region of La Ribera (Benifaió, Sollano and Almussafes) is treated appropriately before being discharged in an area declared sensitive, the Kingdom of Spain has failed to fulfil its obligations under the second paragraph of Article 3(1) and Article 5(2) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the latter provision being read together with Article 4(4) of that directive;

2. Orders the Kingdom of Spain to pay the costs.