Judgment of the Court (Sixth Chamber) of 23 November 2006.#Commission of the European Communities v Grand Duchy of Luxemburg.#Failure of a Member State to fulfil obligations - Pollution and nuisance - Urban waste-water treatment.#Case C-452/05.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Incorrect application of Article 5(4) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40).

Operative part

Operative part:

The Court:

1. Declares that, by being unable to prove that the minimum percentage of reduction of the overall load entering all water-treatment plants is at least 75% for total nitrogen, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 5(4) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment;

2. Orders the Grand Duchy of Luxembourg to pay the costs.