INFORMATION ON UNPUBLISHED DECISIONS

Report s of C ases

Judgment of the Court (Sixth Chamber) of 10 March 2016 —

Commission v

(Case C-38/15) 1

(Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Collection and treatment systems — Discharges in sensitive areas — Monitoring methods — Collecting of samples)

1. Environment — Urban waste-water treatment — Directive 91/271 — Implementation by Member States — Obligation to achieve a result — Failure to satisfy that obligation — Failure to fulfil obligations (Art. 258 TFEU; Council Directive 91/271, Arts 4 and 5(2) and (3) and Annex IB) (see paras 23-25, 62, operative part)

2. Actions for failure to fulfil obligations — Proof of failure — Burden of proof on Commission — Production of evidence showing failure — Incumbent on Member State concerned to refute evidence (Art. 258 TFEU; Council Directive 91/271) (see paras 27, 28)

3. Actions for failure to fulfil obligations — Examination of the merits by the Court — Determination of whether the Member State concerned has fulfilled its obligations — No effect (Art. 258 TFEU) (see para. 29)

4. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 30)

1 — OJ C 127, 20.4.2015. EN ECLI:EU:C:2016:156 1 INFORMATION ON UNPUBLISHED DECISIONS

Operative part

The Court:

1. Declares that by, failing to provide adequately for the treatment of urban waste water discharged in sensitive areas and deriving from certain agglomerations, the Kingdom of Spain has failed to fulfil its obligations under, first, Article 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008, in relation to the agglomeration of -Marín-Poio- and, second, Article 5(2) and (3) of that directive, in relation to the agglomerations of Berga, Figueres, El Terri (Banyoles) and Pontevedra-Marín-Poio-Bueu;

2. Dismisses the remainder of the action;

3. Orders the European Commission and the Kingdom of Spain to bear their own respective costs.

2 ECLI:EU:C:2016:156