Judgment of the Court (Fifth Chamber) of 25 October 2007.#Commission of the European Communities v Hellenic Republic.#Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisance - Treatment of urban waste water - Articles 3 and 4.#Case C-440/06.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Breach of Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water (OJ 1991 L 135, p. 40) – Failure to have ensured appropriate treatment of urban waste water in 24 agglomerations.

Operative part

Operative part

The Court:

1. Declares that, by failing to ensure that the agglomerations of Artemida, Chrysoupoli, Igoumenitsa, Heraklion (Crete), Katerini, Koropi, Lefkimmi, Litochoro (Prieria), Malia, Markopoulo, Megara, Nea Kidonia (Crete), Navpaktos, Nea Makri, Parikia (Paros), Poros-Galatas, Rafina, Thessaloniki (tourist zone), Tripoli, Zakynthos, Alexandria (Imathia), Edessa and Kalymnos are, where appropriate, provided with collecting systems for urban waste water meeting the requirements of Article 3 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water and/or urban waste water treatment systems satisfying the requirements of Article 4 of that directive, the Hellenic Republic has failed to fulfil its obligations under those articles.

2. Dismisses the remainder of the action.

3. Orders the Hellenic Republic to pay the costs.